Untitled Texas Attorney General Opinion ( 1949 )

AWIWTIN II. TNCKAH December 2, 1949 Hon. C. E. Patterson Oplnlon Ho. V-953. County Attorney Brewster County Re : The expenditure of Alplne, Texas county permanent im- provement funds in connection with a Dear Sir: public library. You have requested an oplnlon on tliefollovlr~g questions : “First : Can a County donate to an Ia- corpor=Publlc Free Library (non-prcfit), .locatedwithin the county, and serving the entire county? Such donation to be used for lend and buildings for eaid Free Library use. Such donation to be made from Pemeneat I=- provement Funds. “Setond : Can a County use permanent improvement funds to make a payment to an Established Library aa contract cowldera- tion under Article 1694, R.C.S.? “Third: Can a County use’ permanent ilp- provemmunds tombuj property for County Free Library use?” Sections 51 and 52 of Article III of the Coa- etltutlon of Texas provide in part a8 followr: “sec. 51. The Legislature shall have no power to make any grant or authorize the making of any gl*antof publ.Icmoneys to any Individual, assoclatlon of individuals, municipal or other corporations whatsoever; . . . “Sec. 52. The Legislature shall have no pover to aut.horize any County, City, tovn or other political.Corporation or Subdivision of the State t:olend it.scredit or to grant public money OF thing of value In aid of, or to any . Hon. C. E. Patterson, page 2 (V-953) individual, asaocfatlon or corporation whatso- ever, or to become a Stockholder in such Cor- poration, association or company; . . .n .%ctlon 6 of Article XVI of the Constitution of Texas provides Wet no approprlotlon for private 0~ individual purposes shall be made. In view of the foregoing constltutlonal provl- slons, it is our opinion that a county cannot doaate to an incorporated public free library any public money. This holding, however, should not be construed to imply that 8 county is prohibited from contracting for library privileges from some already established library. Article 1694, Vernoa'a Clvll Statutes, provides: "Instead of establlshlng a separate coun- ty free library, upon petition of a majority of the voters of the oounty, the commlssloners court may contract for library privileges from some already established library. Such coa- tract shall provide that.such established ll- brary shall assume the functions of a oounty free library within the county with which the contract is made, including Incorporated cities and toads therel,n,and shall also provide that of'such est.abllshedlibrary shall the l,ibrarl.an hold v:rsecure a county librarian's certlfl- oate from the State Boa.rdof Library Examiners. Sard court may contract to pay annually into the library fund of said established library such sum as may be agreed upon, to be paid out of the county library fund, Either party to such contract may terminate the same by giving six months notice of intention to do so. Pro- perty acquired under such contract shall be subaect to dlvlslon at the termination of the contract upon such termsas are specified in such contract." It was held in Attorney,General opinion No-O- 6094 that Artl.cle1694 authortzed the commlssioners~ court to contract for library privl.legesfrom some al- ready established library upon Its ovn lnitiatlve and without a petition of the majority of the voters of the county. We quote the following from said opinion: "It.is our bell.efthat the words: 'upon \ . ” . Hon. C. E. Patterson, page 3 (V-953) petition of a majority of the voters of the county', ss contained in sald article 1694, su- pra, if they have any meaning at all.ln this article, refer back to the preceding clause In description of the manner 'of establishing a separate county free library.' "Therefore, It is the opinion of this de- partment that the ~~umlssloners~ court may con- tract for llbrary prlvllegea from some already. established library upon,their own lnltlative and without a petition of the majority of the voters of the county." In view of the foregoing it is our opinion that the Commissioners' Court has authority to contract for lip- brary privileges from an already established library. Article 1679, V.C.3~. provides: "After a county free library has been estobllshed, the commissioners court shall annually set aside from the general tax fund of the county, a sum sufficient for the main- tenance of said library, but not to exceed five cents on the hundred dollars valuation of all property in such county outside of all incorporated cities and towns already support- ing a free public library, and upon 011 pro- perty within all Incorporated titles and towns already supporting r,free public library, and upon all property wlthln all Incorporated clt- ies and towns already supporting a free pub- lic library whleh have elected to become a part of such free library systems provided in this tl.tlefor t.l!s pmpoae oftmalnta~nlng coun- ty free llbrerles snd for purchsslng property therefor." II.wcs ho1.d lo Attorney Gcnersl opinion No-O- 3890 that the cosl $>1‘ oalncafni.tqaud operating a coun- ty fret l~brury or any~branch or subdlvlslon thereof must be paid for out of the General Fund of the county. 1;‘13reusterCounty should contract for library prlvlleGes from an Already estsblished library, It is our opinion that the county would have to use money from the General Fund of the county rather than the Permanent Im- provement Fund. Hon. C. B. Patterson, Page 4 (V-953) SUMMARY A county cannot donate public money to an incorporated public free library. 51 and 5?,,Art.111; and sec.6, Art.XV13~~~l atitution of Texas.. The county is authorized to contract for library privileges from an already estebllehed library and pay for the same out of the Generel,Fund of the county. Arts.1679 end 1694, V.C.S.; A.G.O~iniona Roe. o-3890, o-6094. Your8 very truly, JRmr‘ John Reeves Arrirtmt APPAOVRD FIRST ASSISTART ATTORRBY GBRXRAL