CHAPTER 323. COUNTY LIBRARIES
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
SUBTITLE B. COUNTY PARKS AND OTHER RECREATIONAL AND CULTURAL
RESOURCES
CHAPTER 323. COUNTY LIBRARIES
SUBCHAPTER A. COUNTY LIBRARY
Sec. 323.001. ESTABLISHMENT AND MAINTENANCE. (a) The
commissioners court of a county may, on its own motion, and
shall, on petition by a majority of the voters of the affected
part of the county, establish, maintain, and operate a free
county library for the area of the county located outside the
municipalities that maintain free public libraries.
(b) The county library shall be located at the county seat in
the courthouse unless a more suitable location is available.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.002. MAINTENANCE FUNDS. The commissioners court
annually may set aside from the general fund or the permanent
improvement fund of the county an amount to be used to maintain
or to make a permanent improvement or acquire land for the county
library. The amount may not exceed 12 cents on the $100 valuation
of all property:
(1) located in the county outside the municipalities that are
supporting a free public library and that are not participating
in the county library system; and
(2) located within the municipalities that are supporting a free
public library and that have elected to become a part of the
county library system.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.003. GIFTS. The commissioners court may receive a
gift, bequest, or devise for the county library or a branch or
subdivision of the library. Title to property given, bequeathed,
or devised to the county library vests in the county. A gift or
bequest made for the benefit of a branch of the library shall be
administered as designated by the donor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.004. FARMERS' COUNTY LIBRARY. In a county that has a
farmers' county library established under prior law, the library
shall continue to operate as a farmers' county library, but if a
county library is established in the county, the farmers' county
library shall become a part of the county library.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.005. LIBRARIAN. (a) If a county library is
established, the commissioners court shall employ a county
librarian. A person holds the position of county librarian at the
pleasure of the commissioners court.
(b) Before beginning to perform duties, a person employed as
county librarian must file with the county clerk the official
oath and, at the discretion of the commissioners court, execute a
bond conditioned that the person will faithfully perform the
duties of the position. The bond must be in an amount determined
by the commissioners court and must be purchased from sufficient
sureties approved by the county judge.
(c) The county librarian shall attempt to provide equal and
complete service to all areas of the county through branch
libraries and deposit stations in schools and other suitable
locations and shall distribute books, other printed matter, and
other educational materials as quickly as circumstances permit.
The librarian may make rules for the operation of the county
library, establish branch libraries and deposit stations in the
county, determine the number and type of employees needed by the
library, and hire and dismiss the employees in the same manner as
provided by the commissioners court for other county departments.
The librarian shall, subject to the general rules adopted by the
commissioners court, develop and manage the library in accordance
with accepted rules of library management and shall determine
which books and library equipment will be purchased.
(d) On or before March 31 of each year, the county librarian
shall report to the commissioners court and the state librarian
on the operation of the county library during the previous fiscal
year. The report must be made on a form furnished by the state
librarian and must contain a statement of the condition of the
library and a statement of its operation during the year and must
contain financial and book statistics customarily kept by
well-regulated libraries.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 69(a), eff. Aug. 28,
1989.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
983, Sec. 24, eff. September 1, 2009.
Sec. 323.006. SUPERVISION. The county library is under the
general supervision of the commissioners court. It is also under
the supervision of the state librarian who, in person or by an
assistant, shall periodically visit the library, inquire as to
its condition, advise the librarian and the commissioners court
about the library, and give whatever assistance possible in
matters that relate to the library.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.007. LIBRARY FUND. Funds of the county library shall
be deposited in a separate fund to be known as the county free
library fund and may be used only for library purposes. The funds
are under the custody of the county treasurer or any other county
official designated to discharge the duties commonly assigned to
the county treasurer.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.008. PARTICIPATION WITH A MUNICIPALITY. (a) If a
county library is established, the governing body of a
municipality that maintains a free public library may notify the
commissioners court that the municipality desires to become a
part of the county library system. After the notice is given, the
municipality is considered to be a part of the system, and the
residents of the municipality are entitled to the benefits of the
library. Property in the municipality shall be included in
determining the amount to be set aside in the county free library
fund for county library purposes.
(b) The commissioners court of a county that has established a
county library may contract with the governing body of a
municipality that maintains a free public library to extend
county library privileges to the municipality's residents to the
extent and for consideration as the parties may agree. The
consideration paid by the municipality shall be deposited in the
county free library fund. On the making of the contract, the
library privileges are extended to the residents of the
municipality.
(c) After a municipality has been a part of the county library
system for two years, the governing body of the municipality may
withdraw from the system by giving notice of its intention to do
so to the commissioners court. The notice must be given at least
six months before the withdrawal. On withdrawal, the municipality
is no longer entitled to participate in the benefits of the
system, and the property located in the municipality may not be
included in computing the amount to be set aside for county
library purposes. Before the governing body may give the notice
of withdrawal to the commissioners court or before the governing
body may retract the notice of withdrawal after it has been given
to the commissioners court, the governing body must publish
another notice once a week for six consecutive weeks in a county
newspaper circulated throughout the municipality and designated
by the governing body. The published notice must state the nature
of the proposed action and the date and location of the meeting
at which the proposed action is to be taken.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.009. PARTICIPATION WITH A COUNTY. (a) The
commissioners court of a county that has established a county
library may contract with the commissioners court of another
county to extend county library privileges to the residents of
the other county to the extent and for the consideration as the
parties may agree. The consideration received from the other
county shall be deposited in the county free library fund. On the
making of the contract, the library privileges are extended to
the residents of the other county.
(b) The other county may provide for a county free library fund
in the same manner in which a county that establishes a county
library may provide for the fund. The purpose of the fund is to
carry out a contract made by the other county under Subsection
(a).
(c) If the other county makes a contract under Subsection (a),
it is not prohibited from establishing its own county library
under this subchapter, and if it does so, it may terminate the
contract on mutually agreeable terms or may continue under the
contract until expiration of its term.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.010. JOINT LIBRARY. (a) The commissioners court of a
county may establish in cooperation with other counties a joint
free county library for the benefit of the cooperating counties.
(b) The commissioners courts of two or more adjacent counties
may jointly establish and maintain a free library under the terms
and provisions established by this subchapter for the
establishment and maintenance of a free county library. In doing
so, the commissioners courts of the participating counties shall
operate jointly in the same manner as the commissioners court of
a single county. The participating counties have the same powers
and are subject to the same liabilities under this subchapter as
a single county.
(c) If a county withdraws from the joint county library, it is
entitled to a division of property according to terms agreed on
at the time the library was established.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.011. PARTICIPATION WITH AN ESTABLISHED LIBRARY. (a)
Instead of establishing a county library, the commissioners court
of a county may contract for library privileges from an
established library.
(b) The contract must provide that the established library
assume the functions of a county library within the county,
including municipalities in the county. The commissioners court
may contract to pay annually to the established library out of
the general fund of the county an amount on which the parties may
agree.
(c) Either party to the contract may terminate it by giving to
the other party six months' notice of its intention to do so.
Property acquired under the contract is subject to division on
termination of the contract on terms specified in the contract.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1993, 73rd Leg., ch. 382, Sec. 1, eff. Aug. 30,
1993.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
983, Sec. 25, eff. September 1, 2009.
Sec. 323.012. PARTICIPATION WITH A PRIVATELY OWNED LIBRARY. The
commissioners court of a county that has established a county
library may contract with a privately owned library that serves
an area of the county not adequately served by the county library
to provide county library service to that area. The contract may
require that the privately owned library submit to any reasonable
regulation that is imposed on governmental libraries.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.013. DISCONTINUATION OF LIBRARY. A county library may
be discontinued on petition of a majority of the voters in that
part of the county that maintains the library. The commissioners
court shall, on termination of existing contracts, call in and
inventory all books and other movable property of the
discontinued library and shall store the property under lock and
seal in a suitable place in the county courthouse.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER B. COUNTY LAW LIBRARY
Sec. 323.021. ESTABLISHMENT AND MAINTENANCE. (a) The
commissioners court of a county by order may establish and
maintain a county law library at the county seat.
(b) The commissioners court shall provide suitable space for
housing the library at a place that is both convenient and
accessible to the judges and litigants of the county. The
commissioners court may, with the advice of the committee created
under Section 323.024, use funds collected under this subchapter
to acquire a location for the library, though priority in the use
of funds shall be given to the acquisition of books, periodicals,
other library materials, and staff for the library. The
commissioners court may appropriate an amount not to exceed
$20,000 to establish the library and shall annually appropriate
an amount necessary for the proper maintenance and operation of
the library.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.022. GIFTS. The commissioners court may receive any
gift or bequest to the law library. Title to a gift or bequest
vests in the county. A conditional gift or bequest shall be
administered as designated by the donor.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.023. LAW LIBRARY FUND. (a) A sum set by the
commissioners court not to exceed $35 shall be taxed, collected,
and paid as other costs in each civil case filed in a county or
district court, except suits for delinquent taxes. The county is
not liable for the costs.
(b) The clerks of the respective courts shall collect the costs
and pay them to the county treasurer, or to any other official
who discharges the duties commonly delegated to the county
treasurer, for deposit in a fund to be known as the county law
library fund. The fund may be used only for:
(1) establishing the law library after the entry of the order
creating it;
(2) purchasing or leasing library materials, maintaining the
library, or acquiring furniture, shelving, or equipment for the
library; or
(3) purchasing or leasing library materials or acquiring library
equipment, including computers, software, and subscriptions to
obtain access to electronic research networks for use by judges
in the county.
(c) Money in the fund may be used for the purposes described by
Subsection (b)(3) only if the county's law librarian or, if the
county has no law librarian, the person responsible for the
county's law library, authorizes the use in consultation with the
county auditor.
(d) Expenditures by a county under Subsection (b)(3) may not
exceed $175,000 each year. Any unexpended and unobligated balance
allocated by the county for Subsection (b)(3) purposes that
remains at the end of the county's fiscal year remains available
for use for Subsection (b)(3) purposes during subsequent fiscal
years.
(e) The county law library fund shall be administered by or
under the direction of the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Amended by Acts 1989, 71st Leg., ch. 1, Sec. 70(a), eff. Aug. 28,
1989; Acts 1999, 76th Leg., ch. 331, Sec. 1, eff. Sept. 1, 1999;
Acts 2001, 77th Leg., ch. 1010, Sec. 1, eff. Sept. 1, 2001.
Sec. 323.024. MANAGEMENT. (a) The commissioners court of a
county that has established a law library under this subchapter
shall adopt rules for the use of books in the county law library.
(b) The commissioners court may vest management of the library
in a committee selected by the county bar association. Actions of
the committee are subject to approval by the commissioners court.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
Sec. 323.025. CLAIMS. A claim against the law library shall be
handled as other claims against the county.
Acts 1987, 70th Leg., ch. 149, Sec. 1, eff. Sept. 1, 1987.
SUBCHAPTER C. ADDITIONAL LIBRARY AUTHORITY
Sec. 323.051. ACQUISITION AND LOCATION OF LIBRARY. (a) The
commissioners court of a county may:
(1) purchase, construct, repair, equip, or improve a building or
other permanent improvement for county library use;
(2) acquire land for county library use; and
(3) determine the location in the county of each county library
building or permanent improvement.
(b) A county that maintains a permanent improvement fund shall
use money in that fund to pay for each library building, repair,
or improvement.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 12, eff. Sept. 1,
1999.
Sec. 323.052. COUNTY LIBRARY BONDS. (a) A county may issue
bonds, and impose ad valorem taxes for payment of the bonds, to
pay the cost of:
(1) purchasing, constructing, repairing, equipping, or improving
a building or other permanent improvement for county library use;
or
(2) acquiring land for county library use.
(b) The issuance of the bonds and the imposition of the taxes
must be in conformity with Subtitles A and C, Title 9, Government
Code.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 12, eff. Sept. 1,
1999.