Honorable I. Rcdecki 

Cmmty Auditor 

CalvestcmCouuty 

Calveston,Teus 

Dear Sir: opiuiou lo. 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 opinion on the above stated question has been received 

by this department. 

Your letter reads, in part, as follows: 

@WE Comslssioners' Court of Calveston County have been 

considering the establishing of a County Library. They 

a la o h a ve under c o mlder a tio a n 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 Library might render by contributing or paying to 

the Rosenberg Library a compensation for this service. 

"The Rosenberg 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 bequethed the library, and which has 

been maintained by au end-nt provided for in his vill." 

This department has held in Opinion Ro. 0-6g0 that the commissioners court 

does not have the authority to donate money to private endoved libraries. 

Complying vith your request asking for a copy of this opinion, ve enclose 

he~etritha copy of the same for your convenience. 

Article 1677 of Vernon's Civil Statutes reads as follows: 

"The Commissioners' court of mny county may establish, 

maintain, and operate within their respective counties, 

county free 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 benefit of theco-operative counties." 
. 

L. 

Bcmorable I. Redeckl, Page #S (O-1316) 

Article 1694, Vernon's Civil Statutea, reada as follows: 

'Iuatead of eatabliahlng a aeprate county free llbrsry, upm 

petition of l majority of the votera'of the couuty, the 

cdalonera court nuy contrect for library privilegea fran 

aoae already eatabllahed library. Such contract ahall provida 

that au& eatabliahed library ahall l aauaa the functions of 

a couuty free library vithlu the county with 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 Library ExamInera. Said 

court may contract to pay amually into the library fund 

of said establlahed library suc h l ua ma msy be agreed upon, 

to be paid out of the county library fund. Either prty to 

such coutractaaytermiuate the l aae by giving l lxaouths 

notice of intention to do so. Property acquired under 

such contract ahallbe rubject to division at 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's Civil Statutea, provided 

there are no reatrictiona ,,iu the will of Mr. Henry Roaeuberg prohlbltiug 

the auue. 

Trusting that the foregoing fully auavera your inquiry, we remin. 

Yours very truly, 

ATl'ORRRIGEI?EBALOPTEXAS 

a/ Ardell William6 

w 

Ardell Wllliaaa 

Assistant 

AW :I&ldv 

AmRovm cm. 14, 1939 APPROVED OPIHIOR COMMITTE 

a/ ROBBRT E. KBPKR BY B. W. B. 

ACTIRG ATIORRRI GRRERAL OP TEXAS CHAIRMAR