Honorable I. Rcdecki Cmmty Auditor CalvestcmCouuty Calveston,Teus Dear Sir: opiuioulo. O-1316 Rex Doe8 the ~06mi*hmer8' court have the authority

to arrange

with the Rosenberg Library to serve as a county library? Your request for our opinionon the above stated question has been received by this department. Your letterreads, in part, as follows: @WE Comslssioners' Court of Calveston Countyhave been considering

the establishing

of a County Library. They a l a o h a ve u n de r

c o m l de r a ti o n

a l ggertlon that the County arrange

with the Trustees

of the Rosenberg

Library, located in the City of Calveston, to render the service that a County Librarymight renderby contributing or paying to the Rosenberg

Librarya compensation for this service. "TheRosenberg

Library

~0s not established by the City of Calveston

and is not mintmined by the City. The Library

vas a gift of the late Henry Rosenberg. who among numerous

bequests,

also bequethedthe library, and which has been maintained

by au end-nt providedfor in his vill." This department

has held in Opinion Ro. 0-6g0 that the commissioners court does not have the authority to donatemoney to privateendoved libraries. Complying

vith your requestasking for a copy of this opinion, ve enclose he~etritha

copy of the same for your convenience. Article 1677 of Vernon'sCivil Statutesreads as follows: "The Commissioners' court of mny countymay establish, maintain,

and operate

within their respective counties, countyfree libraries'in the manner and with the functions prescribed

in this title. The said court shall also have the power and authority to establish

in co-operation

with another county or counties a joint free county library for the benefitof theco-operative counties.".

L.
BcmorableI. Redeckl, Page #S (O-1316)

Article 1694, Vernon'sCivil Statutea, reada as follows: 'Iuatead

of eatabliahlng

a aeprate county free llbrsry, upm petition

of l majority

of the votera'ofthe couuty, the cdalonera courtnuy contrect for library

privilegea

fran aoae alreadyeatabllahed library. Such contract ahall provida that au& eatabliahed libraryahall laauaa the functions of a couuty free library vithlu the countywith vhich the contract is as&, ipcluding Incorporated

cities and tovna therein,

and shall alao provide that the librarian of such eatabllahed

library

l hallhold or secure a couuty librarian's certlflcate

froa the Stak Board of LibraryExamInera. Said court may contract to pay amually into the libraryfund of said establlahed library s u c h lua ma msy be agreed upon, to be paid out of the county libraryfund. Either prty to such coutractaaytermiuate the laae by giving llxaouths notice of intention to do so. Property acquired

under such contract

ahallbe rubject to divisionat the termlnatlon of the contract

upon such tema as are specified In such contract." In viev of the foregoing statutes

&w are respectfully l dvlaed that it ia WopFnlon of this department that the c~laalonera' court of Galveston Couuty can ccutract vith the Roaeuberg Library for library prlvilagea

in the nunuer prescribed by Article 1694,Vernon'sCivil Statutea, provided there are no reatrictiona ,,iu the will of Mr. Henry Roaeuberg prohlbltiug the auue. Trusting that the foregoing fully auaverayour inquiry, we remin.
Yours very truly, ATl'ORRRIGEI?EBALOPTEXAS a/ ArdellWilliam6



## w Ardell Wllliaaa

Assistant
AW :I&ldv

AmRovm cm. 14, 1939 APPROVEDOPIHIORCOMMITTE a/ ROBBRT E. KBPKR BY B. W. B. ACTIRGATIORRRI

GRRERALOP TEXAS CHAIRMAR