The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.   (1) Borrower--An eligible person who has registered with the commission and has borrowed or downloaded at least one book or magazine within the most recent 12-month period, or who is currently subscribing to a magazine distributed through the National Library Service for the Blind and Physically Handicapped.   (2) Veteran--Any person who has been honorably discharged or honorably released from the U.S. Armed Forces. Veteran designation in this instance does not include civilian employees or dependents of the military. Veteran designation in this instance does not include any veterans of military services other than of the United States. Veterans' spouses or dependents who are active borrowers are not eligible for veteran designation in this instance unless they themselves are veterans under this definition.   (3) Books--Braille, audiocassette, large print, and digital publications.   (4) Magazines--Periodical publications in cassette, Braille, large print, or digital format.   (5) Equipment--Any playback machine, accessories, and parts thereof which enable a borrower to listen to books and magazines.   (6) Digital materials and services--Equipment, books, and other services available by means of electronic computer files. These digital materials and services will be available to borrowers in one of three ways:     (A) Digital talking book machine (DTBM)--A hardware device produced by the National Library Service and assigned to the commission for loan to borrowers. These may also include commercially-produced machines purchased by the commission for the purpose of loan to borrowers by the commission.     (B) Digital talking book (DTB)--A book produced by digital recording processes and using flash memory embedded into a hard-plastic cartridge for ease of handling. These specially created books are for exclusive use on the DTBM mentioned in subparagraph (A) of this paragraph. These books are produced either by, or under the direction of, the National Library Service or the commission.     (C) Digital download service--A service provided or funded by either the National Library Service or the commission in which borrowers may download via the Internet audio and/or text computer files containing the contents of books and magazines.   (7) Loan period--The specific period of time that an item is loaned to a borrower. The loan period begins when Texas State Library staff assigns the book to the borrower and ends with the date the item is due back at the state library.   (8) Audit--Periodic inventory of equipment and/or books, as required by the National Library Service. Audits are conducted by the Texas State Library staff.   (9) Competent authority--In cases of blindness, visual disability, or physical limitation, includes doctors of medicine, doctors of osteopathy, ophthalmologists, optometrists, registered nurses, therapists, professional staff of hospitals, institutions, and public or welfare agencies (e.g., social workers, case workers, counselors, rehabilitation teachers, and superintendents). In the absence of any of these, certification may be made by professional librarians or by other persons whose competence is acceptable to the Library of Congress. In the case of reading disability from organic dysfunction, includes only doctors of medicine or osteopathy.   (10) Applicant agreement--A statement signed by each new applicant which states the user agrees to abide by the policies and procedures of the service. New applications will not be processed and service started for any applicant until the agreement is received. Older accounts will require this agreement whenever the user applies for new services. Accounts that are being reopened also will require a copy of this agreement.   (11) Account in good standing--A borrower's account must be kept in good condition in order to receive materials on loan. Minimal requirements for a borrower's account to be considered in good condition are:     (A) borrower is registered for service from the commission; and     (B) borrower continues to meet eligibility requirements as specified in §9.3 of this chapter (relating to Eligibility); and     (C) borrower does not have excessive overdue, lost, or damaged materials and/or machines; and     (D) borrower has not had account suspended for failure to follow procedures and policies as part of the membership agreement or for failure to cooperate with staff in the carrying out of said policies and procedures; and     (E) borrower has not had service suspended for misuse of the service, as specified in §9.11 of this chapter (relating to Misuse of Service).   (12) Commission--The Texas State Library and Archives Commission.   (13) National Library Service for the Blind and Physically Handicapped (National Library Service)--A division of the Library of Congress which operates a free national library service that produces recorded and Braille materials and distributes them to a cooperating network of regional and subregional libraries, to be circulated by postage-free mail to blind and physically disabled borrowers.   (14) Texas State Library--The staff, collections, archives, and property of the Texas State Library and Archives Commission organized to carry out the commission's responsibilities.   (15) U.S. Armed Forces--The Forces are comprised of the following: the U.S. Army, the U.S. Navy, the U.S. Marine Corps, the U.S. Air Force, the U.S. Coast Guard, and all armed auxiliary services of these branches.

Source Note: The provisions of this §9.1 adopted to be effective November 16, 2008, 33 TexReg 9079