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 of the Library 

and Historical Commission to 

make grants-in-aid to community 

libraries. 

Dear Dr. Winfrey: 

You have asked our opinion as to whether a community 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 a population of less than 25, 000. ” Sec. 2(a). 

Your question is prompted by the circumstance that the Act, in describing the operations of both 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 

of the Act, in detailingxe operations of a “community library” [ see section 

131 contains no reference to “state grants-in-aid. ” You ask whether this 

omission should be interpreted to mean that grants cannot be made to 

“community libraries. ” 

We think this omission does not control since another portion of the 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 14 which provides: 

(a) A program of state grants within the limitations 

of funds appropriated by the Texas Legislature shall be 

established. 

(b) The program of state grants shall include one 

or more of the 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 to join 

together into larger units of service in order to meet 

criteria for major resc~urce system membership; 

(3) establishment grants, to help establish libraries 

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

which will qualify for major resource system 

membership in communities 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 to libraries not presently 

members of a major 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 ” if the Commission (the Texas State 

Library and Historical Commission) determines either that the grant “will 

strengthen major resource system services to member libraries” or will “reimburse . . . [the library] for providing specialized services to [the] major 

resource system. ” It would seem that grants to community libraries would be 

justifiable under this subsection as long as they contribute to the accomplishment 

of these broad purposes. The determination of whether a particular grant would 

so contribute is of course the responsibility of the Commission in the proper 

exercise of its administrative discretion. Moreover, where a community library 

has a specialized collection of books not otherwise readily available to most 

libraries and which is shared with other member libraries, a grant 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 a merging of two or more such libraries is contemplated and will 

result in a library 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 a particular library for providing “specialized services” to the system. 

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The 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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