The Honorable Robert J. Seerden Opinion No. H- 91
Criminal District Attorney
Victoria County Court6 Building Re: The availability of
Victoria, Texas 71901 funds for library
purchase of books.
Dear Mr. Seerden:
The question you have submitted to u6 for our opinion is as follows:
“May a county use funds from a library bond
election to purchase library books under the authority
of Arts. 1677-1696a. V.A. R. C. S., when the ballot
proposition reads as follows:
‘The issuance of $1, 250.000 bonds of Victoria County
to improve,~land and construct and equip a permanent
publi’i; building to be used for library porposes, and
the levy of the tax in payment thereof as submitted in
the Proposition. “’
Powers of the County Commissions are defined by $18 of Article 5
of the Constitution a6 those conferred by the Constitution and the laws of
this State. In Cana Les v. Laughlin, 214 S. W. 2d 451,453 (Tex. 194c),the
Supreme ‘Court said:
“The Constitution do66 not confer on the commia-
aioners courts ‘general authority over the county business’
and such court6 can exerci6e only 6uch power6 as the Con-
stitution itrelf or the statutes have ‘specifically conferred
upon them’ . . . While the commiarioncrs courts have a
broad diecretion in exercising power6 expre66ly conferred
on thim,,.nevuthelecle the legal baEi6 for any action by
any such court mu6t be ultimately found in the Constitution
or the statutes.”
p. 421
. ’
The Honorable Robert J. Seerden, page 2 (H-91)
The authority of commissioners courts with reference to county
free librarie6 ia generally governed by Articles 1677 to 1696a, Vernon’s
Texas Civil Statutee. Article 1696a (Acts 1955, 54th Leg., Ch. 194,
p. 585) provide6 in $1 that the commissioners court of any county is
authorized to acquire land and build buildings for county library purposes.
Payments are to be made from the Constitutional Permanent Improvement
Fund. .
Section 2 of the Act is:
“To pay the costs of acquiring land for and of
purchasing, constructing, repairing, equipping and
improving such buildings and other permanent improve-
mentor, the Commissioners Court is hereby authorized
to is,sue negotiable bonds of the county and to levy and
collect taxes in payment thereof . . . . ”
The answer to your question, therefore, lies in whether or not by
use of the word “equipping ‘I the statute should be limited to the use of the
proceeds of bonds for what might otherwise be considered the purchase
and improvement of real property or whether the proceeds may be used
for the purchase of equipment, including books as well.
The word “equip” is defined as meaning “to provide with what is
necessary, useful,or appropriate” (Webster’s Third InternatimalDlctionary).
And 6ee Midland Special School District v. Central Truet Co., 1 F 2d 124
(8th Cir. 1924); Buhler v. Department of Agriculture and Markets, 280
N. W. 367 (Win. 1938); Polliak v. Smith, 88 A. 2d 351 (N. .I. Supe.r.1952).
In our opinion the meaning of Article 1696a is that, out of the bond
proceeds the county commiseioners may pay the coata of acquiring or con-
structing the physical buildings and placing in them such other properties
a.8 are necessary, useful or appropriate to the purpose for which the build-
ings are acquired or constructed. It is our further opinion that, by that
enactment, the Legislature intended to authorize counties to issue bonds
for the construction and equipping of libraries which includes furnishing a
basic stock of books, with the bonds chargeabl~e to lie.General Fund. Bexar
Guntv v. Mann, 157 S. W. 2d 134 (Tex. 1941). Our answer to your question is that,
p. 422
The Honorable Robert J. Seerden. page 3 (H-91)
where the ballot reads as quoted earlier in this opinion, a county may
use funds from the bond election to purchase library books.
SUMMARY
Under the authority of Article 1696a, Vernon’s
Texas Civil Statutes, county commissioners may hold
a bond election for the purpose not only of building
buildings but also for acquiring books for library pur-
poses.
Very truly yours,
Attorney General of Texas
f/
LA Y F. YOR , Firs A-
QL.&JdLLq7
DAVID M. KENDALL, Chairman
Opinion Committee
p. 423