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

State Librarian 

Capitol Station, Re: Whether or not the State 

Austin, Texas D 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 Mr e Harwell: Program D 

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 may be used for any purpose 

whfch does cot vIolate the terms and conditions of the 

federal gra,nt n At,tc.rney General’s Opinions Nos .O-290,0-330, 

o-5299 * 

It has been held that fund,3 may propsply be placed 

In the hands of the State Treasurer as custGdLan thereof, 

when, ia truth and En fact, tke funds do not belong to the 

State, and do not belong fn the State Treasury, Friedman 

v. Amerfcan Surety Compan,y of New York, et al, 137 Tex. 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 a State plan for the future extension of Publfc 

Librar Services under the provisions of the Act. Subsection (a T (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 made available, and requires 

the State Lfbrary Adm:nistrative Agency to certify that such 

agency will, in its judgment, assure th.e use of such funds 

to maxfmum advantage 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 .S 0p provides for the creation of 

the Texas Library and Historical Comm%ss%on. Article 5435 

provfdes i,n part 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.n furtherance 

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 a State Libra,r?.an, who zha1.1 be allowed his actual expenises vhe~r: tra*~el.S.r;_g fn Clle sezv;ce of the Caimnission. 

Pursua.iit to the enactment of’ the Federa.“., Publfc Lfbrary Services f”w Rural A:rea:z Act, the Comrr!,~z::r)r, in December of 

7 C’(-T L?.,:~~ adcJpt,ed a plar, for the f~c?thei~ extension of Xbrary 

3ervi-,ez to rural areas. We aire advised that this plan was 

appro:r,ed by the Department of Health, Educati.on and Wel.fare 

of the Federal Goveiqnment on Me.rch 6, 1957. Th,e said pl-~ri 

m-r- i.d?s pnlSc!ler-, an,d methods Of ad.tdnfs%ra%fGn to ‘be fGllowed in using the funds made available 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.n carryIn.g out 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 Library 
Honorable 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, 

WILL WIISON 

Attorney General of Texas 

BHT:pf:rh 

APPROVED: 

OPINION COMMITTEE 

H. Grady Chandler, 

Chairman 

Elbert M. Morrow 

Mrs. Marietta Payne 

Riley Eugene Fletcher 

B. H. Tl.mmins, Jr. 

Assistant 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: 

Geo. P. Blackburn