TWE ATTORNEY GENERAL
OF TEXAS
AUSTIN, ?lkx~s 787Il
September 29, 1977
Honorable Joe Resweber Opinion No. H- 1062
Harris County Attorney
Harris County Courthouse Re: Use of county law library
Houston, Texas 77002 funds to renovate or build a
building.
Dear.&%. Resweber: ...,
You-have requested our opinion regarding whether county
law library funds may be used to renovate or erect a building
-to house the:cou,nty.law library collect,ion.:
Article. 1702hi~V.T.Q.S., ,presently,provides:
Sec. 2.' The Commissioners Court of any
county may establish and provide for the
maintenance of such County Law Library
on its own initiative, and appropriate.
a sum not to exceed $20,000 to estab-
lish properly.such library. :. .~
. . . .
Sec. 4. For the purpose of establishing
County Law Libraries. after the entry of
such order, there shall be taxed, collected,
and paid as other costs, a sum set by the
Commissioners Court not to exceed $10 in
. each civil case. . . ., Such costs shall be
collected by the clerks of the respective
courts in said counties and paid by said
clerks to the County Treasurer to be kept
by said Treasurer in a separate fund to be
known as the 'County Law Library Fund.'
Such fund shall not be used for any other
purpose.
V.T.C.S. art 1702h, Acts 1977, 65th Leg., ch. 131, at 270. The
"County Law Library Fund" created by article 1702h may be used
p. 4358
Honorable Joe Resweber - Page 2 (H-1062)
for the purchase, lease, or maintenance
of a Law Library, and furniture and equip-
ment necessary thereto, in a place conven-
ient and accessible to the Judges and liti-
gants of such county; and Commissioners
Court of counties affected by this Act. . .
shall provide suitable space and shelving
for housing same.
V.T.C.S. art. 1702h, S 7.
We believe that the statute contemplates that the space
and shelving for the library will be provided,by the commissioners
court and that the acquisition and maintenance of the collections
of the library may be charged to the County Law Library Fund.
Accordingly, it is our opinion that the County Law Library
Fund may not be used to build a new library building. The Fund
may not be expended for general renovation of a library build-
ing, but it may be used to purchase equipment and furniture
necessary to the maintenance of the library.
SUMMARY
The County Law Library Fund established
by article 1702h, V.T.C.S., may not be
used for the construction or general
renovation of a county law library build-
ing.
Very truly yours,
Attorney General of Texas
APPROVED:
NDALL, First Assistant
Opinion Commit&
jst
p. 4359