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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 LawLibrary? 4. Can County Law Library Funds be used to purchase existing books currently used bye established courts to increase the inventory of the LawLibrary 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 acounty 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

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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 ofthe court. Sec. 5. Webelieve that the intention ofthis statute is to guarantee that when alaw library fee iscollected, the library needs ofboth the judges and the litigants will be met. While it may be possible to locate some materials inornear ajudge’s office, the materials must be accessible to litigants aswell. Thus, wedonot believe that the law library fund can be used topurchase library materials for the exclusive use ofjudges. The inventory ofthe county law library, whether purchased with general revenues or with the Law Library Fund, is owned bythe county. Cf. Sec. 3(county has title tolibrary beouests). The commissioners court in its reasonable discretion mav transfer books currently being used bythe existing courts to the county law library. See”Milam County v. Bateman, 54Tex. 153(1880);Dodson v. Marshall, 118S.W.2d 621(Texxv. App. - Waco 1938, writ diim’d); V.T.C.S. art. 1702h, S2; 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 tothe county law library collection, wedonot 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 atransaction 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); - V.T.C.S. art. 1630. SUMMARY

Under article 1702hthe County Law Library Fund may beexpended only for library purposes and for the needs ofjudges and litigants. The fund may not be used tobuybooks owned bythe county. s-1

MARK WHITE Attorney General ofTexas JOHN W.FAINTER, JR First Assistant Attorney General TEDL.HARTLEY Executive Assistant Attorney General

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Prepared byDavid B.Brooks and Bruce Youngblood Assistant Attorneys General APPROVED: OPINIONCOMMITTEE C.Robert Heath, Chairman David B.Brooks Rick Gilpiri William GReid Bruce Youngblood

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