Untitled Texas Attorney General Opinion ( 1957 )

Honorable W. B, Harwell, Opinion No. WW-117
State Librarian
Capitol Station, Re: Whether or not the State
Austin, Texas D Librarfan has the auth-
ority to use federal
funds allocated to the
State Library by- the
UnIted States Govern-
ment for travel when in
the Interest of the Fed-
eral Lfbrary Service
Dear Mr e Harwell: Program D
You have requested the opfnion of thfs offfce as to
whether or not the State Lfbrarian has the authorfty to use
federal funds allocated to the State LEbrarg by the United
States Government for travel when fn the interest of the
Federal Library Servfces Program,
Federal funds allocated and granted by the United
States to the State of Texas may be used for any purpose
whfch does cot vIolate the terms and conditions of the
federal gra,nt n At,tc.rney General’s Opinions Nos .O-290,0-330,
o-5299 *
It has been held that fund,3 may propsply be placed
In the hands of the State Treasurer as custGdLan thereof,
when, ia truth and En fact, tke funds do not belong to the
State, and do not belong fn the State Treasury, Friedman
v. Amerfcan Surety Compan,y of New York, et al, 137 Tex. 149,
llSW 1941 ; Manion v, Lockhart 131 Tex. 175,
1% S:W: ::: 2:: 1938 o It fs our undersian,dfng that the
funds here in questfon are being so held, out of the State
Treasury, but by the State Treasurer, as custodian thereof,
fn a special account. Such funds have not been placed in
the State Treasury.
Title 20, Sectfon 351, U-3 .C.A ., dedlares the pur-
pose of the Public Lfbrary Servfces for Rural Areas Act to
be, ‘to promote the further extension by the several States
of public lfbrarg servkes to rura; areas without such ser-
vices or wfth 1nadequa.t.e servfces e
” -- -
Hcnorable W, B. Harwell, page 2 WW-117
Title 20, Section 354, U.3 .C.A. requ%res the State
to provide a State plan for the future extension of Publfc
Librar Services under the provisions of the Act. Subsect-
ion (a T (2) provides for the receipt by the State Treasurer
of all funds paid to the State pursuant to this chapter,for
the proper safeguarding of such funds, and further provides
that such funds shall be expended solely for the purposes
for which paid. Subsection (a)(3) requires the State to
provi.de policies and methods of admrnlstration to be
followed in using any funds made available, and requires
the State Lfbrary Adm:nistrative Agency to certify that such
agency will, in its judgment, assure th.e use of such funds
to maxfmum advantage in the further extension of Pu.bl!c
Library Servi.ces to Rural Areas w:.thout such services or
with kadequate zervl.ces. S)ubsectS,on (b) of Sectron 354
prcvfdes that the Federal Commi,ssl.oner of Education shall
approve any State plan whSch, fulfills the cond1,tions speci-
fied in Subsect~ion (a) of this Sectfon.
Article 5434, V.C .S 0p provides for the creation of
the Texas Library and Historical Comm%ss%on. Article 5435
provfdes i,n part that the Cc;mm4ssfon shall afd and encour-
age ll.brarres . ArtQcle 3436 empowers the Commissfon to
accept donat:Fons, gffts of money or property, 1.n furtherance
of its programs D It further specifies that the Commfssron
shall conduct Library Instftutes and encourage Library
AssGciat~fons. Artfcle 5440 authorizes the Commission to
elect a State Libra,r?.an, who zha1.1 be allowed his actual ex-
penises vhe~r: tra*~el.S.r;_g fn Clle sezv;ce of the Caimnission.
Pursua.iit to the enactment of’ the Federa.“., Publfc Lfbrary Ser-
vices f”w Rural A:rea:z Act, the Comrr!,~z::r)r, in December of
7L?.,:``
C’(-T adcJpt,ed a plar, for the f~c?thei~ extension of Xbrary
3ervi-,ez to rural areas. We aire advised that this plan was
appro:r,ed by the Department of Health, Educati.on and Wel.fare
of the Federal Goveiqnment on Me.rch 6, 1957. Th,e said pl-~ri
m-r- i.d?s pnlSc!ler-, an,d methods Of ad.tdnfs%ra%fGn to ‘be fGl-
lowed in using the funds made available under the Federal. Act.
It 1z our oplnfoE that travel by the State Director
of th.e program 1s essential to the proper fulf1llme;; ;,’ the
purposes of the Act as set forth in Section 351.
therefore ~ GUT further op1n-lon that the above quoted pro;fs-
1.cn.s :ndfcate that the Federal Act envisIons the use of a
portian of the Federal Funds provided fGr in the Act, for
travel, as a neeeasary incfdent of admfnistration I.n carry-
In.g out the pu:‘poses of the Act. You are advised that tine
State Ll.brarLan has the authority to use Federal Funds allo-
cated by the United States Government by the Public Library
Honorable W. B. Harwell, page 3 WW-11:
Services for Rural Areas Act, fcr travel, when in the
interest of the Federal Library Services Program.
SUMMARY
The State Librarian has
the authority to use Federal
Funds, allocated to the State
Library by the United States
Government, for travel when
in the interest of the Federal
Library Service8 Program.
Very truly yours,
WILL WIISON
Attorney General of Texas
B. H. Tl.mmins, Jr.
BHT:pf:rh Assistant
APPROVED:
OPINION COMMITTEE
H. Grady Chandler,
Chairman
Elbert M. Morrow
Mrs. Marietta Payne
Riley Eugene Fletcher
REVIEWEDFOR THE ATTORNEYGENERAL
BY:
Geo. P. Blackburn