The Honorable Robert J. Seerden 

Criminal District Attorney 

Victoria County Court6 Building 

Victoria, Texas 71901 

Dear Mr. Seerden: 

Opinion No. H- 91 

Re: The availability of 

funds for library 

purchase of books. 

The question you have submitted to u6 for our opinion is as follows: 

“May a county use funds from a library bond 

election to purchase library books under the authority 

of Arts. 1677-1696a. V.A. R. C. S., when the ballot 

proposition reads as follows: 

‘The issuance of $1, 250.000 bonds of Victoria County 

to improve,~land and construct and equip a permanent 

publi’i; building to be used for library porposes, and 

the levy of the tax in payment thereof as submitted in 

the Proposition. “’ 

Powers of the County Commissions are defined by $18 of Article 5 

of the Constitution a6 those conferred by the Constitution and the laws of 

this State. In Cana Les v. Laughlin, 214 S. W. 2d 451,453 (Tex. 194c),the 

Supreme ‘Court said: 

“The Constitution do66 not confer on the commiaaioners courts ‘general authority over the county business’ 

and such court6 can exerci6e only 6uch power6 as the Constitution itrelf or the statutes have ‘specifically conferred 

upon them’ . . . While the commiarioncrs courts have a 

broad diecretion in exercising power6 expre66ly conferred 

on thim,,.nevuthelecle the legal baEi6 for any action by 

any such court mu6t be ultimately found in the Constitution 

or the statutes.” 

p. 421 
. ’ 

The Honorable Robert J. Seerden, page 2 (H-91) 

The authority of commissioners courts with reference to county 

free librarie6 ia generally governed by Articles 1677 to 1696a, Vernon’s 

Texas Civil Statutee. Article 1696a (Acts 1955, 54th Leg., Ch. 194, 

p. 585) provide6 in $1 that the commissioners court of any county is 

authorized to acquire land and build buildings for county library purposes. 

Payments are to be made from the Constitutional Permanent Improvement 

Fund. . 

Section 2 of the Act is: 

“To pay the costs of acquiring land for and of 

purchasing, constructing, repairing, equipping and 

improving such buildings and other permanent improvementor, the Commissioners Court is hereby authorized 

to is,sue negotiable bonds of the county and to levy and 

collect taxes in payment thereof . . . . ” 

The answer to your question, therefore, lies in whether or not by 

use of the word “equipping ‘I the statute should be limited to the use of the 

proceeds of bonds for what might otherwise be considered the purchase 

and improvement of real property or whether the proceeds may be used 

for the purchase of equipment, including books as well. 

The word “equip” is defined as meaning “to provide with what is 

necessary, useful,or appropriate” (Webster’s Third InternatimalDlctionary). 

And 6ee Midland Special School District v. Central Truet Co., 1 F 2d 124 

(8th Cir. 1924); Buhler v. Department of Agriculture and Markets, 280 

N. W. 367 (Win. 1938); Polliak v. Smith, 88 A. 2d 351 (N. .I. Supe.r.1952). 

In our opinion the meaning of Article 1696a is that, out of the bond 

proceeds the county commiseioners may pay the coata of acquiring or constructing the physical buildings and placing in them such other properties 

a.8 are necessary, useful or appropriate to the purpose for which the buildings are acquired or constructed. It is our further opinion that, by that 

enactment, the Legislature intended to authorize counties to issue bonds 

for the construction and equipping of libraries which includes furnishing a 

basic stock of books, with the bonds chargeabl~e to lie.General Fund. Bexar 

Guntv v. Mann, 157 S. W. 2d 134 (Tex. 1941). Our answer to your question is that, 

p. 422 
The Honorable Robert J. Seerden. page 3 (H-91) 

where the ballot reads as quoted earlier in this opinion, a county may 

use funds from the bond election to purchase library books. 

SUMMARY 

Under the authority of Article 1696a, Vernon’s 

Texas Civil Statutes, county commissioners may hold 

a bond election for the purpose not only of building 

buildings but also for acquiring books for library purposes. 

Very truly yours, 

f/ 

Attorney General of Texas 

LA Y F. YOR , Firs AQL.&JdLLq7 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 423