Honorable W.B, Harwell, Opinion No. WW-117

State Librarian Capitol Station, Re: Whether or not the State Austin, TexasD Librarfan has the authority to use federal funds allocated to the State Library by-the UnIted States Government for travel when in the Interest of the Federal Lfbrary Service Dear MreHarwell: ProgramD

You have requested the opfnion of thfs offfce as to whether or not the State Lfbrarian has the authorfty to use federal funds allocated to the State LEbrarg by the United States Government for travel when fn the interest of the Federal Library Servfces Program,

Federal funds allocated and granted by the United States to the State of Texas maybe used for any purpose whfch does cot vIolate the terms and conditions of the federal gra,ntn At,tc.rney General’s Opinions Nos.O-290,0-330, o-5299 *
It has been held that fund,3 maypropsply be placed In the hands of the State Treasurer as custGdLan thereof, when, ia truth and Enfact, tke funds donot belong to the State, and do not belong fn the State Treasury, Friedman v. Amerfcan Surety Compan,yof NewYork, et al, 137Tex. 149, llSW 1941 Manion v, Lockhart 131 Tex. 175, 1% S:W: ::: 2:: 1938 o ; It fs our undersian,dfng that the funds here in questfon are being so held, out of the State Treasury, but by the State Treasurer, as custodian thereof, fn a special account. Such funds have not been placed in the State Treasury.

Title 20, Sectfon 351, U-3.C.A
., dedlares the purpose of the Public Lfbrary Servfces for Rural Areas Act to be, ‘to promote the further extension by the several States of public lfbrarg servkes to rura; areas without such services or wfth 1nadequa.t.e servfces e” -- -

Hcnorable W,B. Harwell, page 2 WW-117

Title 20, Section 354, U.3.C.A. requ%res the State
**to** provide aState plan for the future extension of Publfc Librar Services under the provisions of the Act. Subsection (aT(2) provides for the receipt by the State Treasurer of all funds paid to the State pursuant to this chapter,for the proper safeguarding of such funds, and further provides that such funds shall be expended solely for the purposes for which paid. Subsection (a)(3) requires the State to provi.de policies and methods of admrnlstration to be followed in using any funds madeavailable, and requires the State Lfbrary Adm:nistrative Agency to certify that such agency will, in its judgment, assure th.euse of such funds to maxfmumadvantage in the further extension of Pu.bl!c Library Servi.ces to Rural Areas w:.thout such services or with kadequate zervl.ces. S)ubsectS,on (b) of Sectron 354 prcvfdes that the Federal Commi,ssl.oner of Education shall approve any State plan whSch,fulfills the cond1,tions specified in Subsect~ion (a) of this Sectfon.

Article 5434, V.C.S0pprovides for the creation of the Texas Library and Historical Comm%ss%on. Article 5435 provfdes i,npart that the Cc;mm4ssfon shall afd and encourage ll.brarres

. ArtQcle 3436 empowers the Commissfon to accept donat:Fons, gffts of money or property, 1.nfurtherance of its programs D It further specifies that the Commfssron shall conduct Library Instftutes and encourage Library AssGciat~fons. Artfcle 5440 authorizes the Commission to elect aState Libra,r?.an, whozha1.1be allowed his actual expenises vhe~r:tra*~el.S.r;_gfn Cllesezv;ce of the Caimnission. Pursua.iit to the enactment of ’ the Federa.“
.,Publfc Lfbrary Services f

”w Rural A:rea:zAct, the Comrr!,~z::r)r, in December of 7C’(-T L?.,:~~adcJpt,eda plar, for the f~c?thei~ extension of Xbrary 3ervi-,ez to rural areas. Weaireadvised that this plan was appro:r,ed by the Department of Health, Educati.on andWel.fare of the Federal Goveiqnment on Me.rch6, 1957. Th,esaid pl-~ri m-r-i.d?s pnlSc!ler-, an,dmethods Ofad.tdnfs%ra%fGn to ‘befGllowedin using the funds madeavailable under the Federal. Act.

It 1z our oplnfoE that travel by the State Director of th.e program 1s essential to the proper fulf1llme;; ;,’ the
**purposes** of the Act as set forth in Section 351. therefore ~ **GUT** further op1n-lon that the above quoted pro;fs1.cn.s:ndfcate that the Federal Act envisIons the **use** of a portian of the Federal Funds provided fGr in the Act, for travel, as a neeeasary incfdent of admfnistration I.ncarryIn.gout the pu:‘poses of the Act. You are advised that tine State Ll.brarLan has the authority to use Federal Funds allocated by the United States Government by the Public LibraryHonorable W.B. Harwell, page 

### 3 WW-11:

Services for Rural Areas Act, fcr travel, when in the interest of the Federal Library Services Program.

SUMMARY

The State Librarian has the authority to use Federal Funds, allocated to the State Library by the United States Government, for travel when in the interest of the Federal Library Service8 Program.

Very truly yours, WILLWIISON Attorney General of Texas

BHT:pf:rh
APPROVED:
OPINIONCOMMITTEE
H. Grady Chandler,

Chairman Elbert M.Morrow
Mrs. Marietta Payne Riley Eugene Fletcher B. H. Tl.mmins, Jr. Assistant

REVIEWED

FORTHEATTORNEYGENERAL
BY: Geo. P. Blackburn