JIM MATTOX 

Attorney General 

Supreme Court BulldIng 

P. 0. BOX 12549 

Auslln. TX. 78711. 2549 

512/47&-2501 

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Telecopier 5121475-0259 

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D.sllaa. TX. 75202JsoB 

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El Paso, TX. 79905.2792 

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1 Texas. Suilo 700 

HOUcmn. TX. 77002-3111 

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Lubbock. TX. 79401-3179 

909/747-5238 

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McAllen. TX. 79501.1995 

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San Antonlo, TX. 782052797 

51212254191 

An Equal Opportunity/ 

Aftlrmatlve Actlon Employer 

The Attorney General of Texas 

Demnber 

Mr. Dorman 8. Winfxey 

Director and Librarian 

13, 1984 

Opinion No. m-252 

Texas State Library 6 Archives 

commission 

P. 0. Box 12927 

Austin, Texas 78711 

Re: Authority of the Texas 

State Library and Archives 

Cowission to aid the developmeat of city and county library 

services 

Dear Mr. Winfrey: 

You ask the fclllowing question: 

Does article 5436a authorize the Library and 

Archives Commission to make direct cash grants to 

county <ind municipal libraries from general 

revenue ,Funds to improve public librsry services 

or for p&lie library construction? 

Article 5436a. V.T.C.S.. was enacted in 1965 as section 1 of 

Senate Bill No. 66, 

Section 1. The Texas Library and Historical 

Commissior~ is authorized.to adopt a state plan for 

improving; public library services and for public 

library construction. Th’e plan shall include 

county wed municipal libraries. The Texas State 

Library llhall prepare the plan for the emission. 

and shal.1. administer the plan adopted by the 

commissiclrh Money to beg used may include that 

available from local, state, and federal sources, 

and vii;: be administered 

state, - 

according to local, 

a$ federal requirements. The state plan 

shall include a procedure by which county and 

municipal. libraries may apply for money under the 

state ply and s procedure for fair hearings for 

those aplUcations that are refused money. 

Sec. 2. Article 5436. Revised Civil Statutes 

of Texas. 1925, as last amended by Section 1, 

Chapter ,!S9. Acts of the 48th Legislature, 1943, 

p. 1124 
Hr. Dorman 8. Winfrey - Page 2 (JM-252) 

is amended by adding subsections to read as 

follows: 

“(c) The commillsion is authorized to accept, 

receive, and adodnister federal funds made 

available by grant c’r loan or both to improve the 

public libraries of Texas. 

“(d) The commillsion may enter into contracts 

or agreements with the governing bodies and heads 

of the counties, c::ties. and towns of Texas to 

meet the terms prescribed by the United States and 

consistent with strhte law for the expenditure of 

federal funds for improving public libraries.” 

(Emphasis added). 

Acts 1965, 59th Leg., ch. 1. 01 at 1. Section 2 added subsections (c) 

and (d) to article 5436. 

The purpose of this law was to enable Texas to participate in the 

federal grant program estzkllished by the Library Services and 

Construction Act of 1964, Pub. L. No. 88-269. 78 Stat. 11, codified at 

20 U.S.C.. section 351 et Sep. This fact is shown in the caption to 

Senate Bill No. 66, whichated that the purpose of the legislation 

was to authorize the coarmissfon 

to adopt a state plan for public library services 

and for public library construction and to 

cooperate with the federal government in 

implementing the state plan. 

Acts 1965, 59th Leg., ch. 1 at 1. To receive an allotment of federal 

funds, a state must have in effect a state plan providing that the 

funds will be spent in acl:ordance with federal requirements. 20 

U.S.C. 1351d (1982); see also 20 U.S.C. S351a(ll) (1982). Federal 

funds must be matched by the :state. 20 U.S.C. 1351e (1982). Article 

5436a. V.T.C.S., provides for adoption of the state plan required by 

federal law and authorizes tb,e expenditure of local, state and federal 

funds to implement it. The Texas statute thus outlines the purposes 

and procedures of the grant program, relying on federal law for 

details as incorporated in tk,e state plan. 

The dominant purpose of article 5436a. V.T.C.S., is to enable the 

state to participate in a federal program vhich provides federal 

funding for library improvewrnt. Its authoritatioo to use funds from 

“local, state, and federal sources” must be interpreted in accordance 

with that purpose. We tmelieve that article 5436a. V.T.C.S.. 

authorizes the copmnission tcl use state funds ooly to match federal 

funds and contemplates that the expenditure of state funds for grants 

p. 1125 
Hr. Dormao 8. Uinfrey - Page 3 (JM-252) 

will be subject to the requlrementa of the federal Library Services 

and Construction Act of 1964 and regulations proulgated thereunder. 

The commission does not have .mthority under article 5436a. V.T.C.S., 

to develop a grant program nutside of the boundaries set by federal 

requirements or to fund its grant program exclusively from general 

revenue funds. 

Article 5446a, V.T.C.!;.. The Library Systems Act of 1969, 

authorizes the commissioo tsa grant general revenue funds to public 

libraries. V.T.C.S. art. 544a, 114. However. the purpose of article 

5446a. V.T.C.S.. differs from that of article 5436a. V.T.C.S., and the 

grants it authorizes are reetricted to those that vi11 carry out its 

purposes. The provisions of article 5446a, V.T.C.S., authorizing the 

use of general revenue funds for certain kinds of grants. may not be 

used to supplement the grant provision in article 5436a. V.T.C.S. 

Article 5446a. V.T.C.S.> requires the commission to establish and 

develop a state library syst(!m, defined as 

a network of library systems, interrelated by 

contract, for the purpose of organizing library 

resources and services . . . to improve statewide 

library service en,d to serve collectively the 

entire population of the state. . . . 

Sec. 2(5). See Attorney General Opinion H-140 (1973). See generally 

Public Administration Servi:e, A Study of the Texas State Library 

System, Phase I Report: Analysis of the Governance and Operation of 

the System pp. II-1 -- 11-35975). available in Legislative Reference 

Library. The statute in essence provides for the structure of the 

statewide system and establi;rbes contract procedures and financial and 

other incentives encouraging public libraries of all sizes to 

participate in the system. Section 14 authorizes a program of state 

grants designed to assist l:.braries to participate in the network of 

libraries contemplated by the law. to strengthen the services that 

member libraries provide to one another and, In communities without 

library services, to help establish libraries that will participate in 

the statewide netvork. All szatutorily authorized grants are directed 

at developing and strengthenzlng the state library system. They are 

not designed to aid any putlic library and its readers in isolation 

from other public libraries in the state. By express statutory 

provision, state grants may 'aot be used for construction. Sec. 17(c). 

Article 5446a. V.T.C.S.. thus authorizes the cou&ssion to grant 

state funds to local libraries to improve services to the system in 

accordance with section lb. It does not authorize grants for 

construction. Article 5436a. V.T.C.S., does not authorize any grants 

to be made exclusively from .geoeral revenue funds. The two statutes 

serve different purposes, .snd the provisions of article 5446a. 

p. 1126 
Mr. Dorman Il. Winfrey - Page 4 (JM-232) 

V.T.C.S., authorizing certain Sranta to be made fra general revenue 

funds, may not be grafted onto article 5436a. V.T.C.S. 

S-II X X A R Y 

Article 5436a, V.T.C.S., does not authorize the 

State Library and Archives Comission to uaka cash 

grants to county and municipal libraries 

exclusively from general revenue funds. 

Very truly you d-h . 

JIM UATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICRARDS 

Executive Assistant Attorney General 

RICX GILPIN 

Chairman, Opinion Committee 

Prepared by Susan L. Garrison 

Aesistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpio. Chairman 

Susan Garrison 

Tony Guillory 

Jim Moellinger 

Jennifer Riggs 

Nancy Sut too 

1,. 1127