Dr. Dorman ?I. Wlnfrey Opinion No. C-673 

Director and Librarian 

Texas State Library Re: Whether it is permissible 

Austin, Texas under, existing state laws, 

for the Texas State Library 

to make monetary grants to 

local public library units 

under Title I of the Library 

Services and Construction 

Act of 1964, Public Law 

Dear Dr. Winfrey: 88-269. 

Your recent letter requests of this office an opinion 

on the following question: 

"Whether it is permissible, under existing state 

laws, for the Texas State Library to make monetary 

grants to local public library units under Title I of 

the Library Services and Construction Act of 1964, 

Public Law 88-269." 

The Library Services and Construction Act as amended, 

public Law 88-269 (1964y, p rovides for increased federal 

assistance to promote the development of public library services 

to all areas without public library services, or with inadequate 

service. 

The Library Service and Construction Act provides as 

follows: 

"Sec. 2.(a) It is the purnose of this Act to 

promote the further extension by the several States, 

of public library services to areas w!thout such 

services or with inadequate services. 

"(b) The provisions of this Act shall not 

be so construed as to interfere with State and 

local initiative and responsibility in the conduct 

of public library services. The administration 

of public libraries, the selection of personnel 

and library books and materials, and insofar as 

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Dr. Dorman H. Winfrey, page 2 (C-673) 

consistent with the purposes of this Act, the 

determination of the best uses of the funds proid d under this Act shall be reserved to the 

gtazes and their local subdivisions." (Emphasis 

added) 

Subsequent to this Amendment, the 59th Legislature 

of Texas amended Article 5436,'Vernonls Civil Statutes, by 

adding the following provisions: 

"(c) The commission is authorized to accept, 

receive, and administer federal, funds made ,available 

by grant or loan or both to improve the public 

libraries of Texas. 

"(d) The commission may enter into contracts 

or agreements with the gcverning bodies and heads 

of the counties, cities, and towns of Texas to meet 

the terms prescribed by the United States and 

consistent with state law for the expenditure of 

federal funds for improving public libraries." 

As a result of these amendments, the Texas State 

Library and Historical Commission as agent for then State of Texas, 

prepared and secured the approval of a State'Plan for the administration of Federal Funds granted or loaned for the purposes 

set forth in the Library Services and Construction Act of 1964. 

Also, the 59th Legislature of Texas in the General 

Appropriation Bill (House Bill No. 12, Regular Session, 1965), 

made provision for the expenditure of the above mentioned 

Federal Funds as follows: 

"For personal services, consumable supplies 

and materials, current and recurring operating 

expense and capital outlay Including books and 

publications, for promoting development of 

public'library service, estimated to be . . . 

"Federal grants made to or received in Federal 

Public Library Fund No. 118 are hereby appropriated 

for the purposes for which such grants may be made; 

provided, however, that none of such moneys may be 

expended for personal services without advance written' approval by'the Governor." 

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. . 

Dr. Dorman H. Winfrey, page 3 (C-673) 

Further provision is made in the General Appropriation 

Act for the expenditure of such Federal Funds inSections 27 and 

28 of Article V. Administering the funds in accordance with 

the State Plan for the fiscal year 1966, has necessitated that 

Texas State Library personnel handle the ordering of books and 

equipment, and because of the limited number of personnel, this 

procedure has become difficult and cumbersome. The authorization 

to make direct monetary grants of these Federal Funds to local 

public library units would alleviate these problems. 

This office has earlier held that funds received by 

a State Agency for specific purposes from the Federal Government 

are "trust or special funds" and must be expended in accordance 

with terms of the agreement under which the funds were received. 

Attorney 'General's Opinions, c-530 (1965) and c-551 (1965). 

The foregoing provisions as set out in the Library 

Service and Construction Act, clearly establish the purpose 

for which the funds are to be expended. The Legislature in 

amending Article .5436, as above queted, delegated - +n broad 

and general terms - the task of shaping the administrative 

procedure for expending, receiving and administering federal 

funds made available to improve libraries of Texas and authorized 

such commission to enter into contracts of agreement with the 

governing bodies of local library authorities so as to achieve 

the purpose of providing adequate library facilities. In 

delegating such authority, it is clear that the Legislature 

intended for the Commission to devise a method or methods for 

administering the funds which would expeditiously, efficiently 

and effectively achieve the purposes of the Act. In so doing, 

the Legislature msni?ested a clear intent that the Commission 

use its sound discretion in devising the method for the administration of the funds. 

In the light of the foregoing, we are of the opinion 

that the Texas State Library and Historical CommiSSion may, 

under existing State Laws, make direct monetary grants to local 

public library units under Title I of the Library Service and 

Construction Act of 1964,as amended; subject to the promulgation, 

submission and approval of a new or revised State Plan allowing 

such grants by the Commissioner of Education of the United States 

Health, Education, and Welfare Department. 

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” . 

Dr. Dorman H. Winfrey, page 4 (c-673 ) 

SUMMARY 

Subject to the approval of a new or revised 

State Plan allowing direct monetary grants to local 

Public Library units, the Texas State Library and 

Historical Commission may make direct monetary 

grants to local public library units under Title I 

of the Library Services and Construction Act of 

1964, Public LOW 88-269, as amended. 

Very truly your6, 

WAGGONER CARR 

Attorney General 

JPC:mll:mls 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Dean Arrington 

C. Daniel Jones, Jr. 

Kerns Taylor 

H. Grady Chandler 

APPROVED FOR THE ATTORNEY GENERAL 

By: T. B. Wright 

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