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Untitled Texas Attorney General Opinion
MW-399
| Tex. Att'y Gen. | Jul 2, 1981
|
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The Attorney General of Texas

November 30, 1981 MARK WHITE

Attorney General Hanorable Eenry Wade Opinion No. MW-399

Supreme Cowl Sulldlng Criminal District Attorney P. 0. Box 12543 Condemnation Section Re: Use of county law library Austin, TX. 79711 Sixth Floor, Records Building funds for a computer informa- SW4752501 Telex 9101874-1397 Dallas, Texas 75202 \ tion center Telecopier 51214750286

Dear Mr. Wade:

[1507] MaIn St.. suite 14cm You advise that computerieed infbrmation systems provide greater

Dallas, TX. 75201 214&‘42@44 quantities of legal research In shorter periods of time than conventional legal research tools can.provide, and state: 4824 Albrts Ave.. Suit0 lB0 The question'for your consideration is whether law El Paso. TX. 79905 library funds may be used for rhe, purpose of 915B33aS4

implementing a computer information system. 1220 Dallas Ave.. Suite 202 You explain that it would be necessary to hire additional personnel in Houston, TX. 77002 order to implement the system and proeide computerized information to 71- judges and litigants. 808 Broadway, Suite 312 Article.1702h. V.T.C.S.. provides: Lubbock. TX. 78401

SW7476235 Section 1. The Conrmissioners Courts of all counties within this State shall have the power 4309 N. Tenth. Suite B and authority, by first entering an order for that McAlten, TX. 79501 purpose, to provide for, maintain and establish a 512M2-4547 County Law Library.

2w hwn Plaza, Suite 400 . . . .

San Antonio. TX. 792W 512f225.4191 .Sec. 4. For the purpose of ,establishing

County Law Libraries... there shall be taxed, collected, and paid as other costs, a sum set by

An Equal OpportunItyI the Cbnrmlssioners Court not to exceed $10 in each Alllrmatlve Action E~P~OYW

civil case,...; Such costs shall be collected by the clerks of the respective courts in .said counties and paid~ by said clerks to the County TreasLrer to be 'kept by said Treasurer in a separate ftind to be known a8 the 'County Law Library Fund.’ Such fund ~shall not be used for any othet purpose.

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Honorable Henry Wade - Page 2 (WW-399)

Sec. 6. The salary of the custodian or librarian and such other employees or assistants

may be necessary shall be fixed by the &asissioners Court and shall be paid out of the funds collected under this Act, or from appropriations made under this Act.

Sec. 7. Such fund shall be administered by the Commissioners Court, or under its direction, for the. purchase and lease of library materials, the maintenance of the Law Library, and the acquisition of all furniture. shelving and equipment necessary thereto, in a place convenient .and accessible to the Judges and litigants of such county. The Commissioners Court shall provide suitable space for housing the law library and MY8 with the advice of the committee referred to in Section 5 of this Act, use funds collected under this Act for the acquisition of such space.

Priority in the use of such funds shall be given to providing books, periodicals, other Library materials, and ataff for the law library. The Commissioners Court of the counties affected by this Act shall make rules for the use of books in said library.

In our opinion these provisions furnish ample authority to use money in the .County Law Library Pund for equipping the County Law Library with computer ,hardware and software ~to aid judges and litigants in researching the law, and to employ the additional personnel needed so long as the statutory priorities are observed. Computer terminals, printers and programs designed to aid legal research are merely particular items of "equipment" or types of "library materials" within the meaning of the statute. The legislature has the authority to allow such uses of the County Law Library Fund and, in our opinion, has done so. See Attorney General Gpinion MW-349 (1981).

SUMMARY Dallas County Law Library funds may be used to implement a computer information system., WHITE

MARK Attorney Generalof Texas *3 --

Honorable Henry Wade - Page '3 (Mw-399)

JOHN W. FAINTER, JR.

First Assistant Attorney General

RICHARD E. GRAY III

Executive Assistant Attorney General

Prepared by Bruce Youngblood

Assistant Attorney General

APPROVED:

OPINION COMMITTEE

Susan L. Garrison, Chairman

James Allison

Jon Bible

Rick Gilpin

Jim Moellinger

Bruce Youngblood

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1981
Docket Number: MW-399
Court Abbreviation: Tex. Att'y Gen.
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