The Attorney General of Texas
JIM MATTOX Demnber 13, 1984
Attorney General
Supreme Court BulldIng Mr. Dorman 8. Winfxey Opinion No. m-252
P. 0. BOX 12549 Director and Librarian
Auslln. TX. 78711. 2549 Texas State Library 6 Archives Re: Authority of the Texas
512/47&-2501
commission State Library and Archives
Telex 91O/S74-1387
Telecopier 5121475-0259 P. 0. Box 12927 Cowission to aid the develop-
Austin, Texas 78711 meat of city and county library
services
714 Jackson. Suite 700
D.sllaa. TX. 75202JsoB
Dear Mr. Winfrey:
214i742.9944
You ask the fclllowing question:
1824 Alberta Ave.. Suite 150
El Paso, TX. 79905.2792 Does article 5436a authorize the Library and
915152S.S4S4
Archives Commission to make direct cash grants to
county requires the commission to establish and
develop a state library syst(!m, defined as
a network of library systems, interrelated by
contract, for the purpose of organizing library
resources and services . . . to improve statewide
library service en,d to serve collectively the
entire population of the state. . . .
Sec. 2(5). See Attorney General Opinion H-140 (1973). See generally
Public Administration Servi:e, A Study of the Texas State Library
System, Phase I Report: Analysis of the Governance and Operation of
the System pp. II-1 -- 11-35975). available in Legislative Reference
Library. The statute in essence provides for the structure of the
statewide system and establi;rbes contract procedures and financial and
other incentives encouraging public libraries of all sizes to
participate in the system. Section 14 authorizes a program of state
grants designed to assist l:.braries to participate in the network of
libraries contemplated by the law. to strengthen the services that
member libraries provide to one another and, In communities without
library services, to help establish libraries that will participate in
the statewide netvork. All szatutorily authorized grants are directed
at developing and strengthenzlng the state library system. They are
not designed to aid any putlic library and its readers in isolation
from other public libraries in the state. By express statutory
provision, state grants may 'aot be used for construction. Sec. 17(c).
Article 5446a. V.T.C.S.. thus authorizes the cou&ssion to grant
state funds to local libraries to improve services to the system in
accordance with section lb. It does not authorize grants for
construction. Article 5436a. V.T.C.S., does not authorize any grants
to be made exclusively from .geoeral revenue funds. The two statutes
serve different purposes, .snd the provisions of article 5446a.
p. 1126
Mr. Dorman Il. Winfrey - Page 4 (JM-232)
V.T.C.S., authorizing certain Sranta to be made fra general revenue
funds, may not be grafted onto article 5436a. V.T.C.S.
S-II X X A R Y
Article 5436a, V.T.C.S., does not authorize the
State Library and Archives Comission to uaka cash
grants to county and municipal libraries
exclusively from general revenue funds.
d-h
Very truly you
.
JIM UATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICRARDS
Executive Assistant Attorney General
RICX GILPIN
Chairman, Opinion Committee
Prepared by Susan L. Garrison
Aesistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpio. Chairman
Susan Garrison
Tony Guillory
Jim Moellinger
Jennifer Riggs
Nancy Sut too
1,. 1127