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Hon. C. Woodrow Laughlin Opinion No. O-3055 

County Attorney Re: Does the Commissioners’ court ’ 

Jim Wells County of Jim Wells County have authority 

Alice, Texas to expend funds for establishing, 

maintaining and operating a bookDear Sir: mobile library? 

Your letter of August 8, 1941 

of this department upon the above 

requesting the opinion 

state i question has been received. 

We quote from your letter as follows: 

“I submit herewith for your opinion the following question: 

“‘Does the Commissioners1 Court of Jim Wells 

County have authority to expend funds for establighing, maintaining and operating a bookmob$le li.brary?I 

811n\ 11 Texas Jurisprudence 563 we find that 

fcounties, being component part: of Jhe state, have 

no powers or duties except i:ose which are clearly 

set forth and defined and d lx& in the Constitution and statutes.1 There Is cited therein the case 

of Edwards County vs. Jennings, 33 s.u. 585. 

“It is provided in Article 1677, Vernon’s Annotated Revised Civil Statutes of Texas, as follows: 

“‘The Commissioners* Court of any ‘county may establish, maintain, and operate within their respective Counties county free libraries in the manner 

and with func!ions prescribed in this title. . . . 1 

“Article 1679, Vernon’s Annotated Revised Civil 

Statutes of Texas provides that not exceeding five 

cents of the General Fond tax shall be set aside annually in the event a county free library is established. 

“A bookmobile has been described to me a8 a traveling library to be used only in the County and will 

not be used in the city limits of Alice. 
Hon. C. Woodrow Laughlin, page 2 

“It is therefore the opinion of this office 

that the Commissioners’ Court of Jim Wells County 

has the authority to expend not exceeding five 

cents of the General Fund tax for establishing, 

maintaining and operating a bookmobile library.” 

It is stated in Texas Jurisprudence, Vol. 11, p. 564: 

“The Comalssloners~ Court of any county may 

establish and maintain county free libraries in 

the manner prescribed by statute.*’ 

et al, 

In the case of City of Fort Worth, et al. v. Burnett, 

115 S.W. (2d) 436, we find the follming statement: 

ItWe find that the new Internat ional Encyclopedia has this to say in defining a library: 

‘It is generally held that the library has three 

functions: (1) as a storehouse for books and 

knowledge; (2) as a laboratory for study and research; (3) as affording sane recreat.i.on.8w 

It will be noted that Article 1678, Vernonls Annotated 

Civil Statutes, provides in part: 

‘1. . . The county library shall be located 

at the county seat in the courthouse, unless more 

suitable quarters are available.tt . 

We think that it is apparent from the above quoted provision of Article 1678, supra, that the county library must be 

located at the county seat and in the courthouse, unless more 

suitable quarters are available. In other words we think that 

the Legislature intended that the county free 11&y should be 

located at the oouhty seat in the courthouse, unless as above 

stated, more suitable quarters are available meaning that If 

more suitable quarters are available within &he county seat, then 

the county free library could be located at such quarters and 

not In the courthouse. 

Under Title 35, Vernon’s Armotated Civil Statutes relative to county free libraries, the Commisslonerst Court o t any 

county is authorized to establish and maintain the county free 

library and branches or subdivisions thereof. We do not think 

that the Commissioners’ Court of any county has the authority to 

expend funds for establishing, maintaining and operating a “bookmobile librsryw in 1leU of the regular county library which is 

to be established at the county seat. However, if the county 
Hon. C. Woolrow Laughlin, page 3 

has establishsd, and is malntalnlhg and operating a county free 

library at the county seat of such county, then, we think the 

Commissioners' Court is authorized to expend funds for establlshing, maintaining and operating a lfbookmoblle library" as a 

branch or subdivision thereof. 

Trusting that the foregoing fully answers your inquiry, 

we are 

Yours very truly 

APPROVED AUG 21, 1941 ATTORNEY GENERAL OF TEXAS ' 

/s/ Gerald C. Mann 

ATTORNEY GENERAL OFTEXAS By /s/ Ardell wllllams 

Ardell Williams, Assistant 

APPROVED: OPINION COMMITTEE 

BY: GWB, CHAIRMAN 

AW:GO:wb