Hon. C. Woodrow Laughlin Opinion No. O-3890
County Attorney Rer Does the Commissioners’ Court
Jim Wells County of Jim Wells County have authority
Alice, Texas to exoend Permanent Improvement
Funds for establishing, maintain-
. ing and operatin
library as discu
Dear Sir: O-30551
Your letter of August 22, 1941, requesting an opinion
of this department upon the above stated question has been re-
ceived.
In the above mentioned letter you refer to opinion No.
0~3055, and we quote from your letter as follows:
“Supplementing the above opinion, I would like
to have included in your opinion the question as to
whether or not Jim Wells County has the authority
to expend funds as therein set out, out of the Perma-
nent Improvement Fund?”
In opinion No. O-3055 the following question was pre-
sented to this department for an opinion8
“Does the Commissioners I Court of Jim Wells County
have authority to expend funds for establishing, main-
t,aining and operating a bookmobile library?”
It was stated in the above mentioned opinion:
“We think that it is apparent from the above
quoted provision of Article 1678 supra, that the
county library must be located a4 the county seat
and in the courthouse, unless more suitable quarters
are available. In other words, we think that the
Legislature intended that the county free library
should be located at the county seat in the court-
house, unless as above stated, more suitable quar-
t;ers are available, meaning that if more suitable
quarters are available within the county seat, then
the county free library could be located at such
quarters and not in the courthouse.
iion. C. Xoodrow Laughlin, Page 2 (O-3890)
ttlJnder ‘Title 35, Vernon’s Annotated Civil Stat-
utes, relative to county free libraries, the Commis-
sioners’ Court of any county is authoFIzed to estab-
lish and maintain the count; free librarv and branches
or subdivisions thereof. W;?mk that the
C&ssioners’ Court of any county has the authority
tg exoend funds for establishing, maiming and
g&rating a ‘bookmobile library’ in lieu of tn e regu-
&ar county 1ibrary which is to oe estXUIT’S?I8B al. IZ&
qountv seat. However, if the county nas %%ZlmXRd
and is maintaining and oreratins a countv free librarv
at the county seat of such coun‘iy, then,*we think
the Commissioners’ Court is authorized to expend funds
for establishing, maintaining and operating a ‘book-
mobile library’ as a branch or subdivision thereof.”
The first legislative act authorizing free libraries
to be established was passed by the 34th Be. Acts af
1915. Sn Chapter 117, page 175 of the General Laws of Texas.
This was entitled an act “to esFablish, maintain, operafe, equip
and disestablish county free libraries and county circulating
libraries for the use of the citizens of this State. . *I’ This
revisions with the last revision
fl Statutes.
ve artleles
under Title 35, pertaining to the subject. However, we direct
your attention to $rticle 1679, Vernon’s Annotated Civil Statutes,
which reads as followsr
“titer a county free 1 been established,
the commissioners court sha
the general tax fund 01 * the cpy~.ty, a sum sufficien,t
f.gr t!le maintenance of said library, but not to exceed
flve cents on the hundred dollars valuation of all
property in such county outside of all incorporated
cities and towns already supporting a free public li-
brary, and upon all property within all incorporated
cities and towns already supporting a free public li-
brnry which have elected to become a part of such free
library systems provided in this title fer the ourDose
f maintaining cou,nty free libraries and for purchas-
Yangproperty therefor .I’
This department held in opinion No. O-696 that the Com-
missioners’ Court is not auth rized to oa
chased. under the provisions ofD Articles 1
vised Civil Statutes of Texas, 1925, out
and imorovement f@.
Hon. C. Woodrow Laughlin, Page 3 (O-3890)
This department held in opinion No. O-2538 “that if
Llano County should levy five cents for a county library said
amount of five cents would come from the t//enty-five cent levy
allowed for the general fund and thus would leave twenty cents
on the one hundred dollar valuation for the general fund.”
We enclose copies of the two above mentioned opinions
for your information.
I Section 9 of Article 8 of the State Constitution pre-
bes the maw rate of taxes Sor g
‘, ‘V
roads and bridges, for juries, and for ~~~~eEFE$%e~~~t s,
respectively. The monies arising from taxes levied and col-
lected for each of the enumerated purposes are constitutional
funds; and the Commissioners I Court has no power to transfer
mone:y from one fund to another, nor to expend for one purpose
tax Mooneyraised ostensibly for another purpose. The immediate
purpose for the provision is to limit the amount of taxes that
may ‘be raised for these several purposes, respectively; but it
is also designed to inhibit excessive expenditures for any such
purpose, and to require that any and all monies raised by taxa-
tion for any purpose shall be applied to that particular purpose.
(See Carroll v. Williams, 202 S.W* 504; Commissioners Court of
Henderson County v. Burke, 262 S.W. 94; Texas Jurisprudence, Vol.
11, p. 639 and authorities cited therein.)
Article 16 supra, specifically provides that the
Commissioners’ Cot*lrt s all annually, after the county free li-
een emx:hed, set aside from the general tax fund
a sum sufficient for the maintenance of sai-d.-
cents on th e Un%-HiiXEXd ($100 .
-Dollars valuation ~f~ali~property located as to certain
territorial limits defined therein. Other provisions under Tit le
35 are further made for a gift and bequest for the benefit of
the library or for any branch or subdivision thereof.
term “bookmobile library” is broad enougheto come within the
term, of permanent improvement as used in the Constitution or
statutes applicable thereto. Therefore, it is the opinion of
this department that the costs incurred in the establishing or
purchasing ~brarv”. as discussed in opinion NO.
the expenses incurred in maintaining anld opem-
cannot be paid out of the permanent improvement fund.
- Me.-
Hon. C. Woodrow Laughlin, Page 4 (O-38930)
Trusting that the foregoing fully answers your
inquiry, we are ,
3
Yours very truly
ATTORNEYfXNERAL
OF TEXAS
By /s/ Ardell Willlams
Ardell Wllllams, Assistant
APPROVED SEP 8, 1941
/s/ Grover Sellers
FIRST ASSISTANT
ATTORNEYGENERAL
AWrGO:wb
ENCLOSURE
APPROVED:
OPINIONCOMMITTEE
BY: BWB, CHAIRMAN