Untitled Texas Attorney General Opinion ( 1962 )

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