THEATPORNEY GENERAL 

OFTEXAS 

GERALD C. MAN'N AUSTIN XI. TEXAR 

ATTORNICY GILCNXIIAL 

Hon. Tom Seag 

County Attorney 

Potter County 

Amarillo, Texas 

Dear Sir: Opinion NO. 0-1636 

Re: Where an Incorporated city does not have 

and has never had a public free library, 

do the inhabitants of such city who are 

residents of a county have privilege of 

using county library? Should property in 

such city be Included in computing amount 

which may be allowed out of general fuiia 

of county for library.purposes? And can 

such oity contract with county .for participation In county library, paging for 

such privilege. If so, can a withdrawal 

be effected without giving notice required by Article 1@2? 

We are in receipt of your request for an opinion on 

the following three questions: 

"1 . Where an incorporated city does not 

have and has never had a public free library, 

do the inhabitants of such city who are residents of a county have the prlvllege of using 

the county library? 

"2 . Should the property within the corporate,liml'cs of such city be Fnclucled in computing the amount which may be allowed out of the 

general fund of the county for library purposes? 

"3 . Can such city contract with the county 

for participation in the county free library, 

paying for such privilege; and if so, can a wlthdrawal be effected wlthout glvlng the notice requlred by Article 1692?" 

The CommFssioners Court of any county is authorized to establish, maintain and operate.county 

free libraries in the county. Article 1.677, R.C.S., 

1925 - 
Hon. Tom Seay, page 2 o-1636 

Said free libraries may be establtshed for that 

part of the county "lying outside of the Incorporated 

cities and towns already malntainf 

ries". (Underscoring ours + 

free nublic libraThe law also provides that the county free libraries may be established "for such addLtlona1 parts 

of such counties as may elect to become a part of or to 

participate In such county free library system". Artlcle 1678, R.C.S., 1925. 

We construe this article to mean that the llbrarles are primarily for that territory of county outside of Incorporated cities and towns which have their 

own free publLcllbrarles, but that such cities and towns 

are "such addltional parts of such counties as may elect 

to become a part of or to partlclpate in such county 

free library system". 

If Incorporated cities and towns which have such 

libraries do not elect to become a part of or to partlcipate Ln the county free library system, they may not 

enjoy the benefit of the system. This applies to the 

inhabitants of these incorporated cities or towns. 

Article 1690, R.C.S., 1925, states that after 

joinder by the city or town with the county system "Its 

inhabitants shall be entitled to~the benefits of such 

county free library, and the property within such town 

or city shall be included in computing the amount to be 

set aside as a fund for county free library purposes'. 

According to ARticle 1691, R.C.S., 1925, In 

order "to secure to the residents of such Incorporated 

city or town the same prlvlleges of the county free 

library as are enjoyed by the residents of-such county 

outside of such incorporated city or town", the city 

or town is given power to enter into contract with the 

county. When the city or town withdraws from the system 

under Article 1692, R.C.S., 1925, "Such city OF town 

shall cease to participate in the benefits of such county 

free library system and the property situated In said 

city or town shall no longer be assessed in computing 

the fund to be set aside for county free library purposes.' 

Article 1688, R.C.S., 1925, provides that "any 

white person of such county may use the county free library under the rules and regulations prescribed by the 

Commissioners' Court and may be entitled to all the 

privileges thereof." 
Eon. Tom Seay, page 3 o-1636 

Construing Article 1688 .with Articles 1678, 

1690, 1691, and 1692, above referred to, it is apparent that the Legislature intended to limit the use of 

the county free library to any white person living in 

those parts of the county lying outside of the lncorporated cities and towns already maintalning free public 

libraries and to any white person in those Incorporated 

cities and towns maintaining a free public library which 

joined the county system under Article 1690, supra. 

White persons who inhabit incorporated cities and towns 

maintaining a free public library and not electing to 

join the county free public library system are barred 

from use of the county libraries. 

Article 1688 in our opinion is not In oonflict 

with other artiales in Title 35, "County Library". 

In answer to your first inquiry, it follows that 

where an incorporated city does not have and has never 

had a public free library the inhabitants of such city 

who are residents of the county have the privrleges of 

using the county library under Articles 1678 and 1688, 

R.C.S., 1925. 

Article 1679, R.C.S,., 1925, reads as follows: 

"After a county free library hasbeen established, 

the commlasloners court shall annually set aside from 

the general tax fund of the county, a sum sufficient 

for the maintenance of said library, but not to exceed 

five oents on the hundred dollars valuation of all property In such county oufslde of all incorporated cities 

and towns already supporting a free public library, amp 

provided In this title for the purpose of maintaining 

county free libraries and for purahasing property therefor." (Underscoring ours). 

We call attention to the repetition of the phrase 

"and upon all property within all Incorporated cities and 

towns already supporting a free publlo library", evidently a 

mistake in drafting the statute or in printing as it is 

found in Qeneral Laws 1919, ah. 75, p. 219. 

But General Laws 1915, Thirty-fifth Legislature, 

Regular Session, p. 100, Sec.,l2, 3. B. 149 (Vol. 17, Laws 
Hon. Tom Seay, page 4 o-1636 

of Texas) clarifies the situation. It reads as follows: 

"After a county free library has been establlshed, the commissioners' court shall annually levy In the same manner and at the same 

time, as all other taxes are levied, a tax not 

to exceed five cents on the one hundred dollars 

valuation on allprooertv -- in such countg outside 

-- of all incoroorated cities and towns alreadYsupporting -- a free public librar- , and unon all PLOT)- 

&within all incornorated citiesand towns already Sunnorrx -- a free publixay-- which have 

elected & become a part -- of such county=- 

library system provided in this Act for the purpose of maintaining county free libraries and 

purchasing property therefor." 

Answering your second question, it is our opinion 

that property within the corporate limits of an incorporated 

cltg and town which does not have and never had a public free 

library is Included in computing the amount to be set aside 

out of the general tax fund of the county for the maintenance 

of the county free library system. 

In answer to your third question, we wish~to advise 

that it Is not necessary under Articles 1677 to 1696, R.C.S., 

1925, with amendments, for an incorporated city which does 

not have and has never had a public free library to contract 

with the county for participation in the county free library 

system or to make cash contributions for such participation 

before its Inhabitants can enjoy the benefits of the system, 

since Articles 1691 and 1692, R.C.S., 1925, apply only to 

incorporated cities and towns maintalntng a public free 

library of their own. 

Trusting that we have fully answered 

we are 

Yours very truly 

ATTORNEYGENFRAL OF 

DS:ob:wc 

By s/Dick Stout 

APPROVED NOV 7, 1939 Dick Stout 

s/Gerald C. Mann Assistant 

ATTORNEY GEXERAL OF TEXAS 

Approved Opinion Committee By s/BWB Chairman 

your inquiries, 

TEXAS