2009 Texas Code
LOCAL GOVERNMENT CODE
TITLE 10. PARKS AND OTHER RECREATIONAL AND CULTURAL RESOURCES
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.