Untitled Texas Attorney General Opinion

Court: Texas Attorney General Reports
Date filed: 1984-07-02
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Combined Opinion
                                     The Attorney General of Texas
    JIM MATTOX                                          Au:?Just 13, 1984
    Attorney General


    Supreme Court Buildlng         Honorable John L. Hu~chison                     Opinion No.    JM-191
    P. 0. Box 12548                Banaford County Attorney
    Austin, TX. 75711- 2548        P. 0. Box 506                                   Re:    Whether a county      may
    512l475.2501                   Spearman. Texas   7!W81                         lease a building to a district
    Telex QlW74.1387
    Telecopier 51214750258
                                                                                   appraisal   office for a nominal
                                                                                   consideration

    714 Jackson, Suite 700         Dear   Mr. Ziutchison:
    Dallas. TX. 752024508
    2141742-8944
                                          You have requested our opinion as to whether Aansford County may
                                   purchase land for the construction       of an office   building   to be leased
    4824 Alberta Ave.. Suite 1W    to the Hansford County Appraisal District.         You have informed us that
    El Paso, TX. 799052793         the appraisal    district   has proposed a contract        whereby the county
    91515333454                    would construct     an office   building    and lease    it to the appraisal
r
                                   district    under a lcase-purchase      agreement.     The building    would be
      Jo1 Texas. suite 700
                                   constructed with county funds at an approximate cost of $125,000, for
    tkw,ton, TX. 77002-3111        the sole purpose of providing office       space to the appraisal      district.
    713/223-W                      You ask whether 1:tle county is authorized            to enter    into    such a
                                   contract.
    806 Broadway. Sulte 312
    Lubbock, TX. 79401.3479
                                          The Interlocal      Cooperation    Act,  article     4413(32c),    V.T.C.S.,
    8081747-5238                   permits     local    gwernmente       to   contract     among themselves         for
                                   governmental servic:cs "which all parties         to the contract      are legally
                                   authorized to perfcrm."        Sec. 4(b).    The Interlocal    Cooperation Act in
     4309 N. Tenth. Suite B
                                   itself    does not     :,nfer   upon a governmental         body any additional
     McAllen, TX. 78501-1885
     512mE2&47                     substantive    auth0rj.t.y to perform particular      acts.    Thus, we must look
                                   to substantive     law to determine whether the county is authorized               to
                                   enter into the cont,ract at issue here.
     200 Main Plaza. Suite 400
     San Antonio, TX. 782052797
                                          An appraisal tl:.strict    is a political subdivision     responsible for
     5121225.4191
                                   appraising propert]' values for the use of every taxing unit within the
                                   appraisal district-r!     boundaries , which generally    coincide with county
     An Equal OpportunityI         lines.    Although a lumber of statutes authorize a couauissioners court
     Attlrmatlve Action Employer   to provide office       buildings    for county purposes and to lease the
                                   unneeded portions     'to private persons or to other public agencies,       the
                                   statutes do not permit a county to construct         a facility     for the sole
                                   use of another pol:l~:icsl subdivision , regardless      of whether the county
                                   is adequately comp