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Hon. C. WoodrowLaughlin Opinion No. 

### O-3055

County Attorney Re: Does the Commissioners’ court ’ JimWells County of Jim Wells County have authority Alice, Texas to expend funds for establishing, maintaining andoperating 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. Wequote from your letter as follows:

“I submit herewith for your opinion the following question:

“‘Does the Commissioners1 Court of JimWells County have authority to expend funds for establighing, maintaining and operating a bookmob$le li.brary?I 811n\ 11 Texas Jurisprudence 563 wefind 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 mayestablish, maintain, and operate within their respective Counties county free libraries in the manner andwith 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 Fondtax shall be set aside annually in the event a county free library is established.

“A bookmobile has been described to mea8 a traveling library to be used only in the County andwill not be used in the city limits of Alice.Hon. C. WoodrowLaughlin, 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 Fundtax 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 mannerprescribed by statute.*’

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

115 S.W. (2d) 436, wefind the follming statement: ItWefind that the newInternat 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 alaboratory for study andresearch; (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

. Wethink 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 wethink 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 &hecounty seat, then the county free library could be located at such quarters and not In the courthouse.

UnderTitle 

### 35,Vernon’s Armotated Civil Statutes relative to county free libraries, the Commisslonerst Court ot any county is authorized to establish andmaintain the county free library andbranches or subdivisions thereof. Wedo 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 countyHon. C. 

## Woolrow Laughlin, page 

### 3

has establishsd, and is malntalnlhg and operating a county free library at the county seat of such county, then, wethink 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, weare Yours very truly APPROVED

AUG21, 

### 1941 ATTORNEY GENERAL

OFTEXAS ' /s/ Gerald C. Mann ATTORNEY

GENERAL

OFTEXAS By/s/ Ardell wllllams

Ardell Williams, Assistant APPROVED:

OPINIONCOMMITTEE BY: GWB,CHAIRMAN AW:GO:wb