### THEATPORNEY GENERAL
OFTEXAS

GERALD C. MAN'N AUSTIN XI. TEXAR

ATTORNICY GILCNXIIAL

Hon. Tom Seag CountyAttorney Potter County Amarillo, Texas
Dear Sir: OpinionNO. 

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Re: Where an Incorporatedcity does not have and has never had a public free library, do the inhabitantsof such citywho are residents of a county have privilege of using county library? Should property in such city be Included in computingamount which may be allowed out of general fuiia of county for library.purposes? And can such oity contractwith county .forparticipation In county library, paging for such privilege. If so, can a withdrawal be effectedwithout 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 incorporatedcity does not have and has never had a public free library, do the inhabitantsof such city who are residents of a county have the prlvllege of using the county library?


### "2. Should the propertywithin 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 contractwith the county for participation in the county free library, paying for such privilege; and if so, can a wlthdrawal be effectedwlthout 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 

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Said free librariesmay be establtshedfor that part of the county "lying outside of the Incorporated cities and townsalreadymalntainf ries". (Underscoringours + free nublic libraThe law also provides that the county free librariesmay 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 Incorporatedcities and towns which have their own free publLcllbrarles,but that such cities and towns are "suchaddltionalparts of such counties as may elect to become a part of or to partlclpate in such county free library system".
If Incorporatedcities and towns which have such librariesdo not elect to become a part of or to partlcipate Ln the county free library system, theymay not enjoy the benefit of the system. This applies to the inhabitantsof these incorporatedcities or towns. Article 

### 1690,R.C.S., 1925, states that after joinderby the city or town with the county system "Its inhabitantsshallbe entitled to~the benefits of such county free library,and the property within such town or city shallbe included in computing the amount to be set aside as a fund for county free library purposes'. According toARticle 

### 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 enjoyedby the residents of-such county outside of such incorporatedcity or town", the city or town is given power to enter into contractwith 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 countymay use the county free library under the rules and regulations prescribedby the Commissioners'Court and may be entitled to all the privileges thereof."Eon. Tom Seay, page 

### 3 o-1636

ConstruingArticle 

### 1688.withArticles 

### 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 alreadymaintalning free public librariesand to any white person in those Incorporated cities and towns maintaining a free public librarywhich joinedthe county system under Article 

### 1690,supra. White personswho inhabit incorporatedcities and towns maintaininga free public libraryand not electing to join the county free public library systemare barred from use of the county libraries. Article 

### 1688 in our opinion is not In oonflict with other artiales in Title 

### 35, "CountyLibrary".

In answer to your first inquiry, it follows that where an incorporatedcity does not have and has never had a public free library the inhabitantsof such city who are residents of the county have the privrleges of using the county library underArticles 

### 1678and 1688, R.C.S., 1925. Article 

### 1679,R.C.S,.,1925, reads as follows:
"Aftera 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 incorporatedcities and towns already supportinga free public library,amp

provided In this title for the purpose of maintaining county free libraries and for purahasingproperty therefor." (Underscoringours).
We call attention to the repetition of the phrase "andupon all property within all Incorporatedcities and towns already supportinga free publlo library", evidentlya 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-fifthLegislature, Regular Session, p. 100, Sec.,l2, 3. B. 149 (Vol. 

### 17,LawsHon. Tom Seay, page 4 

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

"Aftera 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 incorooratedcities and towns alreadYsup-- porting a freepublic librar-

-- , and unon all PLOT)- &within all incornoratedcitiesand towns already Sunnorrx a freepublixay--

-- which have elected& become a part of such county=- -- library systemprovided in this Act for the purpose of maintaining county free libraries and purchasingproperty therefor." Answering your second question, it is our opinion that propertywithin 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 

### 1677to 

### 1696,R.C.S., 1925,with amendments, for an incorporatedcitywhich 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 Inhabitantscan enjoy the benefits of the system, sinceArticles 

### 1691and 

### 1692,R.C.S., 1925, apply only to incorporatedcities and townsmaintalntng 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 APPROVEDNOV 

### 7, 1939 Dick Stout s/Gerald C. Mann Assistant ATTORNEY GEXERAL OF TEXAS Approved Opinion CommitteeBy s/BWB Chairman your inquiries,

TEXAS