Your request ror the opinion of this department as to whr?ther or not the Commissioners' Court has the authority to hire a librarian to take charge of a oounty law library to be established under the terms and provisions of Rouse Bill 1080, Acts of the 47th Legislature, is acknowledged.

House Bill 108C, supra, provides in part: "seatlon 1. The Commissioners Courts of all counties within this State, having a popu- lation of not lees than eighty thousand (80,000) inhabitants nor more than two hundred and twenty- five thousand (225 000)~ inhabitants, according to the last preOed&g Federal Census, ana in which there is located no Court of Civil Appeals, shall have the power ana authority, by first entering an order for that purpose, to provide for, maintain and establish a aounty law-library.

"sec. 2. For the Durpose of es,tablishing 'County Law Libraries' after the Bntpy of such order, there shall be taxed, 00ueOt9a ana paid as other oosts the sum of One Dollar ($1) in each oase, civil or criminal, exoept suits for delinquent taxes, hereafter filed in every County or district Court; provided however, that in ,no event shall the county be liable for aafd costs in any case. such coats &al& be col- leated by'the Clerks bP the SLespWtlve Courta?

Honorable C. J. Wilde, Page 2

in said counties and gala by said Clerk to the County Treasurer to be kept by said 'Treasurer in a separate fund to be known asp the *County Law Library Fund*. Such fund shsll be administered by said Courts for the purchase and ma5nteuance of a law library in a oonvenient and accessible place, ana said runa shall not be usea for any other pumose.

'Sea. 3. &ii& COUrtei ar0 6rMted all necessary power and authority to maka this Aot effective to make reasonable rules in regwa to said library and the use of the books thereof, and to oarry out the terms and provisione of thie Aot.

“. . . n It clearly appears from Section 3 of the Aot, takea in conjunotion with the last aentenoe appearing in Seotion l? thereof, that the Commissioners 1 Court 5s given broad power to establish and.maintain suoh librar&i~s U the Comm5ee50nerst Court, therefore, deteneines that a laxlibrary eahnot be suoceeefully maintainsd w5thout hfring a~librarian charged w5th the responeibil5ty of kosping and ptioteoting the books, we think it alearly w5tM.n its power to hire a,llbrarian and to provide ror h5a oompemation to be paid out of the Wounty I,RW Library Fund* created by Section S of the above Aot.

Yours very tNly Lloyd Amstrong Assistant