W’ILL WILSON
A-- GICNEIIAL
December 13, 1962
Honorable Burton S. Burks, Sr.
County Attorney
Hdod County
Granbury, Texas
Opinion No. WW-1494
Re: Applicationand lmplementa-
tion of Article& 1677, 1678
and 1679, V.C.S., relating
Dear Mr. Burks: to county free libraries.
You have requested the opinion of this office re-
garding the applicationand Implementationof Articles
1677, 1678 and 1679, Vernon's Civil Statutes, relating
to county free libraries.
The pertinent articles are quoted:
"Article 1677.
"The coinmissionerscourt of any county
may establish,maintain, a'ndoperate within
their respective counties, county free Ii-
brarles In the manner and with t$e functions
prescribed in this title. The said court
shall also have the power and authority to
establish In co-operationwith another county
or counties a joint free county,libraryfor
the benefit of the co-operativecountlea."
"Article 1678.
"The commissionerscourt of any county
may establish county free libraries for that
part of such county lying outside of the in-
corporated cities and towns already maintaining
free public libraries and for suah additional
parts of such counties as may elect to become
a part of or to participate in such county
free library system. On their own Initiative,
.- ..
Hon. Burton S. Burks, Sr., page 2 (w-1494)
or whenpetitioned to do so by a majority
of the voters of that part of the dounty
to be affected, said‘court shall proceed
to establish and provide for the maintenance
of such library according to the further
provisions of this title. The county ll-
brary shall be located at the county seat
i-nthe courthouse,unless more suitable
quarters are available."
"Article 1679.
"The Cotixnissloners
Courts are hereby
authorized to set aside annually from the
General Tax Fund, or the Permanent Improve-
ment Fund of the county, as the said Court
Mayadetermine, sums for the~maintainingof
freercounty libraries and for the erection
of permanent improvementsand the~securlng
of land for free county libraries,but not
to exceed twelve cents (12$) on the One
Hundred Dollar ($100) valuation of all
property in such county outside of all in-
corporated cities and towns already sup-
porting a free public library, and upon
all property within all Incorporatedcities
and towns already supportinga free ll-
brary, and upon all property within all ln-
corporated altles and towns already sup-
porting a free public library which have
elected to become a part of such free li-
brary systems provided in Title ‘35of the
Revised Civil Statutes, for the purpose of
maintaining county free libraries and for
purchasing property therefor."
The above statutes are remedial in nature, being ln-
tended to assist in the spread of public education through-
out the State. Thus the rule of liberal constructionap-
plies with full force. 39 Tex.Jur. 273, Statutes, Sec. 145.
Articles 1677, 1678 and~l679 are to be construed as a whole;
Article 1677 sets forth the general authority of a commls-
sloners court to establish county free libraries;Article
1678 provides the specific limits of the authority granted,
and delineates the mechanics for establishingthe said ll-
braries; Article 1679 sets out the means whereby the li-
braries shall be supported from tax funds. There is no con-
flict between the aforementionedstatutes, and no constitu-
tional question can reasonablybe raised.
c .
Hon. Burton S. Burks, Sr., Page 3 (WW-1494)
By Article 1678, the commissionerscourt is authoriz-
ed to establish county free libraries for that
- sal;oaihe
county lying outside of any incorporatedarea t a
maintains public libraries. It has been ascertainedthat
there is no free pub11 library anywhere In Hood County or
the incorporatedareasctherein. It is, therefore, quite
clear that the provisions of Article 1678 would apply to
Hood County in its entirety. A library establishedpursuant
to that statute would service the entire county.
It has been contended that Article 1677 grants to the
commissionerscourt complete discretion regarding the establish-
ment of a county free library. A simple reading of the statutes
as a whole reveals that contention to be untenable. The com-
misloners court has discretionup until the time a majority of
the voters in the affected area, i.e., the whole of Hood County,
petition the court for the establishmentof a county free ll-
brary. At the time the commissionerscourt receives such a
petition, Article 1678 decrees that "said court shall proceed
to establish and provide for the maintenance of suchlibrary,
according to the further provisions of this title." The Legis-
lature could hardly have made its intentionsany more certain.
A further question has bezn raised as to the meaning of
Article 1678, when it refers to a majority of the
voters . . .' Please be advised that it is the'holdingof this
office that the definition found in Section 2, Article VI of
the Texas Constitutionapplies here. The petition that is in
question is not a vote for the purpose of issuing bonds or other-
wise lending credit, or expendingmoney or assuming any debt,
and therefore may not, by the terms of Section 3a, Article VI,
Texas Constitution,be limited to property ownin taxpayers.
King vs. Carlton IndependentSchool District, 15f?Tex. 365, 295
. . 408 (1956).
We will describe the effect of Article 1679, as It ope-
rates in conjunctionwith Articles 1677 and 1678: When a county
free library has been authorized, either by the voluntary act
of the commissionerscourt or by the involuntaryact of the
commissionerscourt in response to a petition signed by a majorl-
ty of the voters, Article 1678 directs that said court "shall
proceed to establish and provide for the maintenance of.such
library according to the further provisions of this title." Thus,
the establishmentof the library is provided for in Article 1678
and, once a sufficientpetition has been presented, the commls-
sloners court has no power to refuse to establish it. Article
1679 provides for the maintenance of the library from tax funds,
and places discretion in the commissionerscourt for the allo-
cation of tax funds to the various library purposes In an amount
. .
Hon. Burton S. Burks, Sr., Page 4 (WW-1494)
not to exceed 12# on the $100 valuation of all property in
the county which comes within the categories set forth In
the~statute. In the event, apparently anticipated In your
request, that the commissionerscourt is compelled to es-
tablish the 'countyfree library, but refuses to provide sub-
stantial funds for its oweration and maintenance.there Is
no readily apparent mea&whereby the said court-may be.
forced'to so provide funds.~ If a commissionerscourt is
antagonisticto the wishes of the people, the electoratehas
Its obvious remedy in the ballot.
SUMMARY
Article 1678, Vernon's Civil Statutes,ap-
plies to the whole of Hood County, there being
no free public library In any Incorporated
area in the said county.
A petition for the establishmentof a county
free library may be signed by any qualified
voter, and a sufficientpetition makes it in-
cumbent upon the commissionerscourt to es-
tablish such a library as soon after its pre-
sentation as may be practicable.
Article 1679, Vernon's Civil Statutes, au-
thorizes the commissionerscourt to set aside
tax funds to maintain a county free library,
and the statute vests discretion in the said
court as to the amount set aside.
Yours very truly,
WILL WILSON
Attorney General of Texas
,
BY v-d-
Malcolm L. Quick
Assistant
MLQ:ms
. -
Hon. Burton S. Burks, Sr., page 5 (WW-1994)
APPROVED:
OPINION COMMI'J?TEE
W. V. Geppert, Chairman
Albert Pruett
Paul Phy
REVIEWED FOR THE ATTORNEY GENERAL
By: Leonard Passmore