Case Information

*1 The Attorney General of Texas 13, 1984 Demnber JIM MATTOX Attorney Opinion No. m-252 Mr. Dorman 8. Winfxey Supreme Court BulldIng Director and Librarian P. 0. BOX 12549 Auslln. TX. 78711. 2549 Texas State Library 6 Archives Re: Authority the Texas

512/47&-2501 State Library and Archives commission Telex 91O/S74-1387 P. 0. Box 12927 Cowission to aid the develop- Telecopier 5121475-0259 78711 meat of city and county library Austin, Texas services 714 Jackson. Suite 700 D.sllaa. TX. 75202JsoB Dear Mr. Winfrey: 214i742.9944

You ask the fclllowing question: 1824 Alberta Ave.. Suite 150 El Paso, TX. 79905.2792 Does article 5436a authorize the Library and 915152S.S4S4 Archives Commission to make direct cash grants to

county <ind municipal ,Funds to improve public librsry 1 Texas. Suilo 700 or for p&lie library construction? HOUcmn. TX. 77002-3111 713122MSS5 5436a. V.T.C.S.. was enacted in 1965 as section 1 of Senate Bill No. 66, 905 Broadway. suite 312 Lubbock. TX. 79401-3179 Section 1. The Texas Library and Historical 909/747-5238 Commissior~ is authorized.to adopt a state plan for improving; public services and for public 4309 N. Tenth. Suite B Th’e plan shall include McAllen. TX. 79501.1995 county wed municipal The Texas State 512l592-4547 Library llhall prepare the plan for the emission. and shal.1. administer the plan adopted by the

200 Maln Plaza. Suite 400 commissiclrh Money beg used may include San Antonlo, TX. 782052797 from local, state, and federal sources, and vii;: be administered according local,

state, a$ - The state plan An Equal Opportunity/ shall include a procedure by which county and Aftlrmatlve Actlon Employer municipal. libraries may apply for money under the

state ply and s procedure for fair hearings those aplUcations that are refused money. Sec. 2. Article 5436. Revised Civil Statutes of Texas. 1925, as last amended by Section 1, Chapter ,!S9. Acts of the 48th Legislature, 1943, *2 Hr. Dorman 8. Winfrey - Page 2

is amended by adding subsections to read as follows:

“(c) The commillsion is authorized to accept, and adodnister federal funds made receive, by grant c’r loan or both to improve the of Texas. “(d) The commillsion may enter into contracts or agreements with the governing bodies and heads of the counties, c::ties. and towns of Texas to meet the terms prescribed by the United States and consistent with strhte law for the expenditure of federal funds for improving public libraries.” (Emphasis added).

Acts 1965, 59th Leg., ch. 1. 01 at 1. Section 2 added subsections (c) and (d) to article 5436.

The purpose of this law was to enable Texas to participate in the federal grant program estzkllished the Library Services and Construction Act of 1964, Pub. L. No. 88-269. 78 Stat. 11, codified at 20 U.S.C.. section 351 et Sep. This fact is shown in the caption to Senate Bill No. 66, whichated that the purpose of the legislation was to authorize the coarmissfon

to adopt a state plan for public for public construction and cooperate with federal government

implementing the state plan. Acts 1965, 59th Leg., ch. 1 at 1. To receive an allotment of federal funds, a state must have in effect a state plan providing that the funds will be spent in acl:ordance with federal

U.S.C. 1351d (1982); see also 20 U.S.C. S351a(ll) (1982). Federal funds must be matched by the :state. 20 U.S.C. 1351e (1982). Article provides for adoption of the state plan required by 5436a. V.T.C.S., federal law and authorizes tb,e expenditure of local, state and federal funds to implement it. The Texas statute thus outlines the purposes and procedures of the grant program, relying on federal law details as incorporated in tk,e state plan.

The dominant purpose of article 5436a. V.T.C.S., is to enable the state in a program vhich provides federal funding for library improvewrnt. Its authoritatioo to use funds from “local, state, and federal sources” must be interpreted in accordance with that purpose. We tmelieve that article 5436a. V.T.C.S.. the copmnission tcl use state funds ooly to match federal

funds and contemplates expenditure funds for grants *3 Hr. Dormao 8. Uinfrey

will be subject to the requlrementa of the federal Library Services and Construction Act of 1964 and regulations proulgated thereunder.

The commission does not have .mthority under article 5436a. V.T.C.S., to develop a grant program nutside of the boundaries set by federal requirements or to fund its grant program exclusively

revenue funds. 5446a, V.T.C.!;.. The Library Systems Act of 1969, the commissioo tsa grant general revenue funds to public V.T.C.S. art. 544a, 114. However. the purpose article

5446a. V.T.C.S.. differs from that of article 5436a. V.T.C.S., and the grants it authorizes are reetricted to those that vi11 carry out its The provisions of article 5446a, V.T.C.S., authorizing the purposes. use of general revenue funds for certain kinds of grants. may not be used to supplement the grant provision in article 5436a. V.T.C.S.

Article 5446a. V.T.C.S.> requires the commission to establish and develop a state library syst(!m, defined as

a network library interrelated systems, contract, for the purpose of organizing library resources and services . . . to improve statewide library service en,d to serve collectively entire population of the state. . . .

Sec. 2(5). See Attorney General Opinion H-140 (1973). See generally Public Administration Servi:e, A Study of the Texas State Library System, Phase I Report: Analysis of the Governance and Operation of System pp. II-1 -- 11-35975). in Legislative Reference Library. The statute in essence provides for the structure of the statewide system and establi;rbes contract procedures and financial other incentives encouraging libraries of all sizes participate in the system. Section 14 authorizes a program of state grants designed to assist l:.braries in the network of libraries contemplated by the law. to strengthen the services member libraries provide to one another and, In communities without library services, to help establish libraries that will participate the statewide netvork. All szatutorily authorized grants are directed at developing and strengthenzlng the state system. They are not designed to aid any putlic and its readers in isolation from other public libraries in the state. By express statutory provision, state grants may 'aot be used for construction. Sec. 17(c). thus authorizes the cou&ssion to grant

Article 5446a. V.T.C.S.. funds to local to improve services to the system in accordance with section lb. It does not authorize Article 5436a. V.T.C.S., does not authorize any grants to be made exclusively from .geoeral revenue funds. The two statutes serve different purposes, .snd the provisions of article 5446a.

Mr. Dorman Il. Winfrey

V.T.C.S., authorizing certain Sranta be made fra general funds, may not be grafted onto article 5436a. V.T.C.S.

S-II X X A R Y Article 5436a, V.T.C.S., does not authorize State Library and Archives Comission to uaka cash and municipal county exclusively from general revenue funds.

Very truly you d-h

.

JIM UATTOX General of Texas Attorney TOM GREEN

First Assistant Attorney General

DAVID R. RICRARDS

Executive Assistant Attorney General

RICX GILPIN

Chairman, Opinion Committee

Prepared by Susan L. Garrison

Aesistant Attorney

APPROVED:

OPINION COMMITTEE

Rick Gilpio. Chairman

Susan Garrison

Tony Guillory

Jim Moellinger

Jennifer Riggs

Nancy Sut too

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