**JIM MATTOX**  Attorney

### General

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# The Attorney General ofTexas

Demnber

Mr. Dorman8. Winfxey Director andLibrarian 13, 1984

Opinion **No.**m-252 Texas State Library 6Archives commission P. 0. Box 12927 Austin, Texas 78711 Re: Authority of the Texas State Library and Archives Cowission to aid the developmeatof city andcounty library services Dear Mr. Winfrey: Youask the fclllowing question:

Does article 5436a authorize the Library and Archives Commission to makedirect cash grants to county <ind municipal libraries from general revenue ,Fundsto 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 wedmunicipal libraries. The Texas **State** Library llhall prepare the plan for the emission. and shal.1. administer the plan adopted by the commissiclrh Money **to** begused 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 mayapply 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,

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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’rloan 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. 01at 1. Section 2added subsections (c) and (d) to article 5436. Thepurpose of this lawwas 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. 78Stat. 11, codified at 20U.S.C.. section 351 et Sep. This fact is shownin 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. Toreceive anallotment 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 mustbe **matched** by the :state. 20U.S.C. 1351e (1982). Article 5436a. V.T.C.S., provides for adoption of the state plan required by federal law andauthorizes tb,eexpenditure of local, state and federal funds to implement it. TheTexas **statute** thus outlines the purposes and procedures of the grant program, relying on federal law **for** details as incorporated in tk,estate plan. Thedominant 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” mustbe interpreted in accordance with that purpose. We tmelieve that article 5436a. V.T.C.S.. authorizes the copmnission tcluse state funds ooly to match federal funds and contemplates **that the**  expenditure **of** state funds for grants

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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. Theprovisions of article 5446a, V.T.C.S., authorizing the use of general revenue funds for certain kinds of grants. maynot be used to supplement the grant provision in article 5436a. V.T.C.S. Article 5446a. V.T.C.S.> requires the commissionto 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 andestabli;rbes contract procedures and financial and other incentives encouraging public libraries of all sizes to participate in the system. Section 14authorizes 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 memberlibraries 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'aotbe 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 madeexclusively from .geoeral revenue funds. The two statutes serve different purposes, .snd the provisions of article 5446a.

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V.T.C.S., authorizing certain Sranta **to** be made fra general revenue funds, maynot be grafted onto article **5436a.** V.T.C.S. S-II XX**A**RY Article 5436a, V.T.C.S., does not authorize the State Library andArchives Comission to uaka cash grants **to** county and municipal libraries exclusively from general revenue funds. Very truly you 

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JIM UATTOX Attorney General of Texas TOMGREEN First Assistant Attorney General DAVIDR. RICRARDS Executive Assistant **Attorney** General RICXGILPIN Chairman, Opinion Committee Prepared by Susan L. Garrison Aesistant **Attorney** General APPROVED: OPINIONCOMMITTEE Rick Gilpio. Chairman Susan Garrison TonyGuillory JimMoellinger Jennifer Riggs Nancy Suttoo

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