September 12. 1975

The Honorable Dorman H. Winfrey Director and Librarian Texas State Library Box 12927, Capitol Station Austin, Texas 78711 Opinion No. H- 689 Re: The authority ofthe Library and Historical Commission to make grants-in-aid to community libraries. Dear Dr. Winfrey: You have asked our opinion as towhether acommunity library may receive monetary grants under the Library Systems Act, article 5446a, V. T. C.S. A “community library ”is defined by the Act as “a small public library serving apopulation ofless than 25, 000. ”Sec. 2(a). Your question is prompted by the circumstance that the Act, in describing the operations ofboth a “major resource center” [a larger public library as defined by section 2(7) and an “area library” [a medium-sized library as defined by section 2(8)

# 1 contains language providing that “state grants-in-aid

. . . shall be deposited with the governing body!‘operating the respective libraries [see sections 11(d) and 12(d)]; by contrast, that portion ofthe Act, indetailingxe operations ofa “community library” [see section 131 contains no reference to “state grants-in-aid. ” You ask whether this omission should be interpreted tomean that grants cannot be made to

“community libraries. ” We think this omission does not control since another portion ofthe Act deals with grants to libraries and must be examined to determine whether grants can properly be made to community libraries. State grants-in-aid are authorized by section 14which provides: (a) Aprogram of state grants within the limitations offunds appropriated by the Texas Legislature shall be established. (b) The program of state grants shall include one or more ofthe following: (1) system operation grants, to strengthen major resource system services to member libraries, including grants to reimburse other libraries for providing specialized services to major resource systems; (2) incentive grants, to encourage libraries tojoin together into larger units of service inorder to meet criteria for major resc~urce system membership; (3) establishment grants, to help establish libraries

p. 2997The Honorable Dorman H. Winfrey - Page 2 (H-689)

which will qualify for major resource system membership incommunities without library service; and (4) equalization grants, to help libraries in communities with relatively limited taxable resources to meet criteria for major resource system membership. The “establishment grant” as defined by subsection (b)(3) would seem to be limited to situations where there is no existing library and by definition could not be awarded to an operational “community library. ” The incentive and equalization grants may be made to existing libraries although the language would seem to limit the grants tolibraries not presently members of amajor resource library system. Accordingly, such grants cannot properly be made to existing community libraries.

“System operation grants, ”authorized by subsection (b)(l), can properly be awarded to any “community library ” ifthe Commission (the Texas State Library and Historical Commission) determines either that the grant “will strengthen major resource system services tomember libraries” or will “reimburse

. . . [the library] for providing specialized services to [the] major resource system. ” Itwould seem that grants to community libraries would be justifiable under this subsection as long as they contribute to the accomplishment ofthese broad purposes. The determination ofwhether aparticular grant would so contribute is of course the responsibility ofthe Commission inthe proper exercise of its administrative discretion. Moreover, where a community library has a specialized collection ofbooks not otherwise readily available to most libraries and which is shared with other member libraries, agrant aimed at improving the specialized col.lection would come within the language and spirit of system operation grants as defined by subsection (b)(l). Accordingly, the incentive grants may properly be made to community libraries where amerging oftwo or more such libraries is contemplated and will result inalibrary which will qualify as an area library. And, “system operation grants” can be awarded to community libraries where the grant will “strengthen” the system services or will reimburse aparticular library for providing “specialized services” to the system.

p. 2998The Honorable Dorman H. 

### Winfrey -Page 3 (H-689)

SUMMARY System operation grants and incentive grants can be awarded to community libraries where the proper, prerequisite circumstances exist. Very 

### truly yours,

APPROVED:

Opinion Committee jad:



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