September 12. 1975
The Honorable Dorman H. Winfrey Opinion No. H- 689
Director and Librarian
Texas State Library Re: The authority of the Library
Box 12927, Capitol Station and Historical Commission to
Austin, Texas 78711 make grants-in-aid to community
libraries.
Dear Dr. Winfrey:
You have asked our opinion as to whether a community library may
receive monetary grants under the Library Systems Act, article 5446a,
V. T. C. S. A “community library ” is defined by the Act as “a small
public library serving a population of less than 25, 000. ” Sec. 2(a).
Your question is prompted by the circumstance that the Act, in de-
scribing the operations of both a “major resource center” [a larger public
library
library
as defined by section
as defined
grants-in-aid
by section
2(7)
2(8)
. . . shall be deposited
1 and an “area
contains
library”
language
with the governing
[a medium-sized
providing that “state
body!‘operating the
respective libraries [see sections 11(d) and 12(d)]; by contrast, that portion
of the Act, in detailingxe operations of a “community library” [ see section
131 contains no reference to “state grants-in-aid. ” You ask whether this
omission should be interpreted to mean that grants cannot be made to
“community libraries. ”
We think this omission does not control since another portion of the Act
deals with grants to libraries and must be examined to determine whether
grants can properly be made to community libraries. State grants-in-aid are
authorized by section 14 which provides:
(a) A program of state grants within the limitations
of funds appropriated by the Texas Legislature shall be
established.
(b) The program of state grants shall include one
or more of the following:
(1) system operation grants, to strengthen major
resource system services to member libraries, in-
cluding grants to reimburse other libraries for pro-
viding specialized services to major resource systems;
(2) incentive grants, to encourage libraries to join
together into larger units of service in order to meet
criteria for major resc~urce system membership;
(3) establishment grants, to help establish libraries
p. 2997
The Honorable Dorman H. Winfrey - Page 2 (H-689)
which will qualify for major resource system
membership in communities without library
service; and
(4) equalization grants, to help libraries in
communities with relatively limited taxable re-
sources to meet criteria for major resource
system membership.
The “establishment grant” as defined by subsection (b)(3) would seem to
be limited to situations where there is no existing library and by definition
could not be awarded to an operational “community library. ”
The incentive and equalization grants may be made to existing libraries
although the language would seem to limit the grants to libraries not presently
members of a major resource library system. Accordingly, such grants can-
not properly be made to existing community libraries.
“System operation grants, ” authorized by subsection (b)(l), can properly
be awarded to any “community library ” if the Commission (the Texas State
Library and Historical Commission) determines either that the grant “will
strengthen major resource system services to member libraries” or will “re-
imburse . . . [the library] for providing specialized services to [the] major
resource system. ” It would seem that grants to community libraries would be
justifiable under this subsection as long as they contribute to the accomplishment
of these broad purposes. The determination of whether a particular grant would
so contribute is of course the responsibility of the Commission in the proper
exercise of its administrative discretion. Moreover, where a community library
has a specialized collection of books not otherwise readily available to most
libraries and which is shared with other member libraries, a grant aimed at im-
proving the specialized col.lection would come within the language and spirit of
system operation grants as defined by subsection (b)(l).
Accordingly, the incentive grants may properly be made to community
libraries where a merging of two or more such libraries is contemplated and will
result in a library which will qualify as an area library. And, “system operation
grants” can be awarded to community libraries where the grant will “strengthen”
the system services or will reimburse a particular library for providing “special-
ized services” to the system.
p. 2998
The Honorable Dorman H. Winfrey - Page 3 (H-689)
SUMMARY
System operation grants and incentive grants
can be awarded to community libraries where the
proper, prerequisite circumstances exist.
Very truly yours,
APPROVED:
Opinion Committee
jad:
p. 2999