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 u6for our opinion is as follows:

“May a county use funds from a library bond election to purchase library books under the authority ofArts. 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 inpayment thereof as submitted in the Proposition. “’ Powers ofthe County Commissions are defined by $18 ofArticle 5 of the Constitution a6 those conferred by the Constitution and the laws of this State. InCana Les v. Laughlin, 214S.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 

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The authority of commissioners **courts** with reference to county free librarie6 ia generally governed byArticles 1677 to 1696a, Vernon’s Texas Civil Statutee. Article 1696a (Acts 1955, 54th Leg., Ch. 194, p. 585) provide6 in $1that the commissioners **court** ofany 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 2ofthe Act is:

“To pay the costs ofacquiring 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 ofthe county and to levy and collect taxes inpayment thereof
. . . .” The answer to your question, therefore, lies in whether or not by use of the word “equipping ‘Ithe statute should be limited to the **use** ofthe 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., 1F 2d 124 (8th Cir. 1924); Buhler v. Department ofAgriculture and Markets, 280 N.W. 367 (Win. 1938); Polliak v. Smith, 88A. 2d 351 (N..I. Supe.r.1952). Inour opinion the meaning ofArticle 1696a is that, **out** ofthe bond proceeds the county commiseioners may pay the coata ofacquiring or constructing the physical buildings and placing inthem such other properties a.8are necessary, useful or appropriate to the purpose for which the buildings are acquired or constructed. Itis our further opinion that, by that enactment, the Legislature intended to authorize counties to issue bonds for the construction and equipping oflibraries which includes furnishing a basic **stock** of books, with thebonds chargeabl~e tolie.General Fund. Bexar Guntv v. Mann, 157 S.W. 2d 134 (Tex. 1941). Our answer toyour question is that,

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

where the ballot reads as quoted earlier inthis opinion, a county may **use** funds from the bond election to purchase library books. SUMMARY Under the authority ofArticle 1696a, Vernon’s Texas Civil Statutes, county commissioners may hold a bond election for the purpose not only of building buildings butalso for acquiring books for library purposes. Very truly yours,

f/ Attorney General of Texas



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DAVID M. KENDALL, Chairman Opinion Committee

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