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# The Attorney General of Texas
November30, 1981 MARK WHITE Attorney General

Supreme Cowl Sulldlng P. 0. Box 12543 Austin, TX. 79711 SW4752501 Telex 9101874-1397 Telecopier 51214750286 Hanorable Eenry Wade Criminal

District

Attorney Condemnation

Section Sixth Floor,RecordsBuilding Dallas,Texas 75202 \ OpinionNo. MW-399 Re: Use of county law library funds for a computerinformation center Dear Mr. Wade: 1507 MaIn St.. suite 14cm Dallas, TX. 75201 214&‘42@44 You advise that computerieed infbrmation

systemsprovidegreater quantities of legal research In shorter periods of time than conventional

legal researchtools can.provide, and state: 4824 Albrts Ave.. Suit0 lB0 El Paso. TX. 79905 The question'for your consideration is whether law 915B33aS4 library funds may be used for rhe,purpose of implementing

a computerinformation system. 1220 Dallas Ave.. Suite 202 Houston, TX. 77002 71-

808 Broadway, Suite 312 Lubbock. TX. 78401 SW7476235

4309 N. Tenth. Suite B McAlten, TX. 79501 512M2-4547

2w hwn Plaza, Suite 400 San Antonio. TX. 792W 512f225.4191

An Equal OpportunItyI Alllrmatlve Action E~P~OYW You explainthat it would be necessary to hire additional

personnel

in order to implement the system and proeide computerized information

to judges and litigants. Article.1702h.

V.T.C.S..

provides: Section 1. The Conrmissioners Courts of all countieswithin this State shall have the power and authority,

by first enteringan order for that purpose,to provide for, maintain and establish a CountyLaw Library.

. . .. .Sec. 4. For the purpose of ,establishing County Law Libraries... there shall be taxed, collected,

and paid as other costs, a sum set by the Cbnrmlssioners

Court not to exceed $10 in each civil case,...;Such costs shall be collected by the clerks of the respective courts in .said counties and paid~ by said clerks to the County TreasLrer to be 'kept by said Treasurer in a separate ftindto be known a8 the 'County Law Library Fund.’ Such fund ~shallnot be used for any othet purpose.

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Honorable

HenryWade - Page 2 (WW-399)

Sec. 6. The salary of the custodian or librarianand such other employeesor assistants may be necessary shall be fixed by the &asissioners Court and shall be paid out of the funds collected under this Act, or from appropriations

made under thisAct. Sec. 7. Such fund shall be administered by the Commissioners

Court, or under its direction, for the.

purchaseand lease of librarymaterials, the maintenance of the Law Library, and the acquisition of all furniture. shelving and equipment

necessary

thereto,in a place convenient .andaccessible

to the Judgesand litigants of such county. The CommissionersCourt shall provide suitable space for housing the law library and MY8 with the advice of the committee referredto in Section 5 of this Act, use funds collected under this Act for the acquisition of such space. Priority in the use of such funds shall be given to providing books, periodicals,other Library materials, and ataff for the law library. The Commissioners

Court of the counties affectedby this Act shallmake rules for the use of books in said library.
In our opinion these provisionsfurnish ample authorityto use money in the .County Law Library Pund for equipping the County Law Library with computer ,hardwareand software ~to aid judges and litigants in researching the law, and to employ the additional personnelneeded so long as the statutoryprioritiesare observed. Computer terminals, printers and programs designed to aid legal research are merely particular items of "equipment" or types of "library materials" within the meaning of the statute. The legislature

has the authority to allow such uses of the County Law LibraryFund and, in our opinion, has done so. See AttorneyGeneral Gpinion

MW-349 (1981). -
SUMMARY Dallas County Law Library funds may be used to implement

a computerinformation system.,

MARK WHITE Attorney

Generalof Texas-- -

. . Honorable Henry Wade - Page '3 (Mw-399)

JOHN W. FAINTER,

JR. FirstAssistant

AttorneyGeneral RICHARDE. GRAY III Executive

Assistant

Attorney

General Prepared

by Bruce Youngblood Assistant

AttorneyGeneral APPROVED: OPINIONCOMMITTEE Susan L. Garrison, Chairman JamesAllison Jon Bible Rick Gilpin Jim Moellinger BruceYoungblood