.
.IIPl
RlATTOX July 31, 1990
ATTO~XEZY OESEHAI.
Honorable Charles S. Brack Opinion No. JM-1199
Chambers County Attorney
P. 0. Box 1200 Re: Authority of county to
Anahuac, Texas 77514 donate money, property, or
services to nonprofit corpora-
tions that conduct local
festivals (RQ-1911)
Dear Mr. Brack:
You ask whether Chambers County may donate money,
property, or services to local, nonprofit corporations that
conduct annual festivals in the county. The Texas Rice
Festival and the Texas Salt Dome Festival promote local
products and businesses. They each conduct an annual
festival that includes concerts, carnivals for children,
P
food booths, and other exhibits and programs. The Anahuac
Area Chamber of Commerce, which promotes Anahuac and
surrounding areas, also holds a similar festival. From time
to time, these entities have asked the county for donations
of money, property, and services provided through county-
paid employees.
Article III, section 52, and article XI, section 3, of
the Texas Constitution prohibit a county from donating
money or any other thing of value to a corporation. Kev v.
Commissioners Court of Marion Count Y , 727 S.W.2d 667 (Tex.
APP. - Texarkana 1987,. no writ); mdus v. Citv of Garland,
561 S.W.Zd 260 (Tex. Civ. App. - Tyler 1978, writ ref'd
n.r.e.). Public funds may be spent only for a public
purpose. Youns v. Citv of Houston, 756 S.W.2d 813 (Tex.
APP- - Houston [lst Dist.] 1988, writ denied); see senerallv
State v. Citv of Austin, 331 S.W.2d 737 (Tex. 1960).
Adequate controls, contractual or otherwise, must govern a
transaction between a county and a private entity to insure
that the public purpose is accomplished. Key v.
Commissioners Court of Marion County, w, at 669.
In Kordus v. Citv of Garland, the court held that a
taxpayer could enjoin a city's illegal donation of public
funds to a chamber of commerce. The decision cited Attorney
General Opinion H-397 (1974), which held that article III,
section 52, of the Texas Constitution prohibited the legis-
lature from authorizing a county to become a dues-paying
P. 6338
Honorable Charles S. Brack - Page 2 (JM-1199)
member of a chamber of commerce. Based on these author-
ities, we conclude that you may not make unconditional
grants of money, property, or any "thing of value" to the
entities in question.
You suggest that the county could provide fencing,
portable toilets, police protection and other things
necessary for the health and safety of the people who attend
the festivals. You state that supplying such services and
things of value would not be contributions by the county to
the corporations, but would fall within the police powers of
the county.
The commissioners court of a county has no general
police power, such as that possessed by the state and many
municipalities. Travis Countv v. Colunaa, 753 S.W.2d 716
(Tex. App. - Austin 1988, writ denied): Commissioners' Court
rris
of Ha 23 S.W.2d 840 (Tex. Civ. App. -
Galveston 1929, writ ref'd). The commissioners court has
the powers expressly conferred upon it by the constitution
and the legislature, as well as the implied powers necessary
to exercise powers expressly conferred. Canales
Lmn, 214 S.W.2d 451 (Tex. 1948). Any expenditures zf
county funds made in connection with the festivals must be
based on statutory or constitutional authority.
Section 122.001 of the Health and Safety Code provides
that the commissioners court of a county may appropriate and
spend money from the county general revenues for public
health and sanitation in the county. Thus, the county has
discretion to make expenditures for public health and
sanitation needs that arise in connection with the proposed
festivals. Whether an expenditure for a particular purpose
is within the authority granted by section 122.001 depends
on the surrounding facts and circumstances. You have
provided no facts, such as whether this event will be
held in a county park. The commissioners court may make
reasonable decisions under section 122.001 to spend county
funds to protect the public health, subject to judicial
review for abuse of discretion.
Sheriffs and their deputies are peace officers, and it
is their duty to preserve the peace within their jurisdic-
tion. Code Crim. Proc. arts. 2.12, 2.13. The sheriff's
decisions as to the deployment of law enforcement officers
within the county are left to his discretion and judgment,
since this matter is not specifically prescribed by law.
Weber v. Citv of Sachse, 591 S.W.2d 563, 567 (Tex. Civ. App.
- Dallas 1979, no writ). The decision to assign a number of
law enforcement officers to an area where a large number of
persons are gathered for a festival is a matter for the
sheriff's discretion, subject to judicial review for abuse
P. 6339
, Honorable Charles S. Brack - Page 3 (JM-1199)
.
.!-
of discretion. &; See crem Local Gov't Code 5 85.004
(appointment of reserve deputies to serve when additional
officers needed): Attorney General Opinion H-1002 (1977).
You next ask whether Chambers County may participate
with the Texas A & M Agricultural Extension Service by
providing money, property, or services in sponsoring a youth
program called "Chambers County Youth Project Show," which'
is similar to 'a livestock show. Chambers County sponsors
the show and budgets the expenditures. The extension
service handles the operation of the show through volunteer
committees of parents and other interested persons.
Section 319.001 of the Local Government Code authorizes
the commissioners court of a county to provide for annual
exhibits of "horticultural, agricultural, livestock,
mineral, and other products" that are of interest to the
community. Section 332.002 of the code authorizes a county
to establish and supervise recreational facilities and
programs. These statutes authorize a county to provide
recreational programs for youth, including a livestock show.
In Attorney General Opinion H-127 (1973) this office
determined that a county could use federal revenue sharing
funds to contract with a nonprofit corporation to provide a
recreation facility for the aged. In our opinion, Chambers
P County may cooperate with and receive voluntary services
from the Agricultural Extension Service of Texas A 8 M
University to assist it in operating the show, but it must
retain sufficient control of the project to ensure that
funds budget~ed by the county are used for the legislatively
authorized purposes.
SUMMARY
A county may not donate money to a chamber
of commerce or a similar private corpora-
tion to fund festivals that promote local
businesses and products. Where a county has
statutory authority to spend county funds to
protect public health, sanitation, and
safety, it may do so when the need for such
protection arises out of a festival held by a
private corporation. A county has statutory
authority to hold livestock shows and provide
for recreation for youth. ,
-i/-b Very truly you
JIM
.
MATTOX
Attorney General of Texas
P. 6340
Honorable Charles S. Brack - Page 4 (JM-1199)
MARY KELLER
First Assistant Attorney General
Lou MCCREARY
Executive Assistant Attorney General
JUDGE ZOLLIE STEAXLEY
Special Assistant Attorney General
RENEA HICKS
Special Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee
Prepared by Susan L. Garrison
Assistant Attorney General
p. 6341