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The Attorney General of Texas 

March 30, 1979 

MARK WHITE 

Attorney General 

Honorable Henry Wade 

Dallas District Attorney 

6th Floor, Records Building 

Dallas, Texas 75202 

Dear Mr. Wade: 

Opinion No. w-9 

Re: Use of county law library 

funds. 

You have submitted the following questions for an opinion from thii 

office: 

1. Can County Law Library Funds be used to 

purchase law books for newly created courts? 

2. Can County Law Library Funds be used to 

purchase law books and supplements for existing 

courts? 

3. Can the County donate those law books 

currently being used by existing courts to the 

County Law Library? 

4. Can County Law Library Funds be used to 

purchase existing books currently used bye 

established courts to increase the inventory of 

the Law Library Fund? 

5. Does the ownership of those books purchased by 

the Law Library Fund as well as those purchased by County funds for existing courts rest 

with the County? 

Article 1702h, V.T.C.S., authorizes a county commissioners court to establish 

and maintain a county law library. This statute has been construed 

previously to permit branch law libraries within the county. Attorney 

General Opinion H-1246 (1978). Section 4 of article 1702h permits the 

assessment in civil cases of a law library fee not to exceed ten dollars. 

Dallas County collects a three dollar fee. The proceeds of these fees 

constitute the County Law Library Fund and may be used solely for county 

p. 24 
Honorable Henry Wade - PageTwo (NW-9) 

law library purposes. Sees. 4, 8. That portion of the law library’s collection which is 

supported by the County Law Library Fund must be located “in a place convenient and 

accessible to the Judges and litigants in such county.” Sec. 7. The commissioners court 

may delegate management of the library to a committee whose acts are subject to the 

approval of the court. Sec. 5. 

We believe that the intention of this statute is to guarantee that when a law library 

fee is collected, the library needs of both the judges and the litigants will be met. While 

it may be possible to locate some materials in or near a judge’s office, the materials must 

be accessible to litigants as well. Thus, we do not believe that the law library fund can be 

used to purchase library materials for the exclusive use of judges. 

The inventory of the county law library, whether purchased with general revenues or 

with the Law Library Fund, is owned by the county. Cf. Sec. 3 (county has title to library 

beouests). The commissioners court in its reasonable discretion mav transfer books 

currently being used by the existing courts to the county law library. See”Milam County v. 

Bateman, 54 Tex. 153 (1880); Dodson v. Marshall, 118 S.W.2d 621 (Texxv. App. - Waco 

1938, writ diim’d); V.T.C.S. art. 1702h, S 2; Cf. Attornev General Opinions C-75 (1963); 

V-46 (1947). But.see V.T.C.S. art. 38994 % Although the commissioners court may 

transfer books to the county law library collection, we do not believe that the county may 

use the County Law Library Fund to buy books already owned by the county which had 

been purchased with general funds, Such a transaction would in substance merely transfer 

funds from the limitedpurpose County Law Library Fund to the general fund of the 

county in violation of sections 4 and 8. See Attorney General Opinion H-1062 (1977); 

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V.T.C.S. art. 1630. 

SUMMARY 

Under article 1702h the County Law Library Fund may be expended 

only for library purposes and for the needs of judges and litigants. 

The fund may not be used to buy books owned by the county. 

s-1 

MARK WHITE 

Attorney General of Texas 

JOHN W. FAINTER, JR 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

p. 25 
Honorable Henry Wade, - Page Three m-+9) 

Prepared by David B. Brooks 

and Bruce Youngblood 

Assistant Attorneys General 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

David B. Brooks 

Rick Gilpiri 

William G Reid 

Bruce Youngblood 

p. 26