Untitled Texas Attorney General Opinion ( 1984 )

The Attorney General of Texas JIM MATTOX Demnber 13, 1984 Attorney General Supreme Court BulldIng Mr. Dorman 8. Winfxey Opinion No. m-252 P. 0. BOX 12549 Director and Librarian Auslln. TX. 78711. 2549 Texas State Library 6 Archives Re: Authority of the Texas 512/47&-2501 commission State Library and Archives Telex 91O/S74-1387 Telecopier 5121475-0259 P. 0. Box 12927 Cowission to aid the develop- Austin, Texas 78711 meat of city and county library services 714 Jackson. Suite 700 D.sllaa. TX. 75202JsoB Dear Mr. Winfrey: 214i742.9944 You ask the fclllowing question: 1824 Alberta Ave.. Suite 150 El Paso, TX. 79905.2792 Does article 5436a authorize the Library and 915152S.S4S4 Archives Commission to make direct cash grants to county requires the commission to establish and develop a state library syst(!m, defined as a network of library systems, interrelated by contract, for the purpose of organizing library resources and services . . . to improve statewide library service en,d to serve collectively the entire population of the state. . . . Sec. 2(5). See Attorney General Opinion H-140 (1973). See generally Public Administration Servi:e, A Study of the Texas State Library System, Phase I Report: Analysis of the Governance and Operation of the System pp. II-1 -- 11-35975). available in Legislative Reference Library. The statute in essence provides for the structure of the statewide system and establi;rbes contract procedures and financial and other incentives encouraging public libraries of all sizes to participate in the system. Section 14 authorizes a program of state grants designed to assist l:.braries to participate in the network of libraries contemplated by the law. to strengthen the services that member libraries provide to one another and, In communities without library services, to help establish libraries that will participate in the statewide netvork. All szatutorily authorized grants are directed at developing and strengthenzlng the state library system. They are not designed to aid any putlic library and its readers in isolation from other public libraries in the state. By express statutory provision, state grants may 'aot be used for construction. Sec. 17(c). Article 5446a. V.T.C.S.. thus authorizes the cou&ssion to grant state funds to local libraries to improve services to the system in accordance with section lb. It does not authorize grants for construction. Article 5436a. V.T.C.S., does not authorize any grants to be made exclusively from .geoeral revenue funds. The two statutes serve different purposes, .snd the provisions of article 5446a. p. 1126 Mr. Dorman Il. Winfrey - Page 4 (JM-232) V.T.C.S., authorizing certain Sranta to be made fra general revenue funds, may not be grafted onto article 5436a. V.T.C.S. S-II X X A R Y Article 5436a, V.T.C.S., does not authorize the State Library and Archives Comission to uaka cash grants to county and municipal libraries exclusively from general revenue funds. d-h Very truly you . JIM UATTOX Attorney General of Texas TOM GREEN First Assistant Attorney General DAVID R. RICRARDS Executive Assistant Attorney General RICX GILPIN Chairman, Opinion Committee Prepared by Susan L. Garrison Aesistant Attorney General APPROVED: OPINION COMMITTEE Rick Gilpio. Chairman Susan Garrison Tony Guillory Jim Moellinger Jennifer Riggs Nancy Sut too 1,. 1127