The Attorney General of Texas
December 29. 1983
JIM MATTOX
Attorney General
Supremacouli EUlldlng Mr. Winnie P. Gibson Opinion No. m-103
P. 0. BOX 12545 Somervell County Auditor
AU~wt. TX. 79711. 2545 P. 0. Box 612 Re: Use of county funds for
512l475.2501
Glen Rose. Texas 76043 operation of senior service
Telex 9101874.13S7
Telecopier 51214750255 center
Dear Ms. Gibson:
714 Jackeon, Suite 700
Dallas, TX. 75202.4505
2W742.5944
You have requested our opinion on the following question:
Whether or not Somervell County may legally pay
4S24 Alberta Ave., Suite 150 county monies to the Somervell County Comittee on
El Paso, TX. 7-2793 Aging for their operation of the Senior Service
915l533.3454
Center.
-
,901 TWPII. Suite 700 You have not stated the purpose or nature of the Senior Service
HOUSTON,TX. 77002.3111 Center, but for purposes of this opinion we will assume that it offers
71312235556 social and recreational programs designed for the enjoyment of elderly
people.
5w eroaeway. Sultr 312
Lubbock, TX. 79401-5479 It is well established that counties in Texas may pursue
SOW747.5239 activities and expend county funds only when authorized by the state
constitution or statutes. Article 1015c-1. section 3. V.T.C.S.,
provides that a county
4309 N. Tenth. Suite B
MeAllen. TX. 79501-1595
5121552.4547 =Y establish. provide, acquire. meintain,
construct, equip, operate, and supervise
recreational facilities and programs, either
200 Main Plaza. Sub 4w
singly or jointly In cooperation with one (1) or
San Antonio. TX. 79205.2797
51212254191 more other governmental units.
Article 6081t. section 2, V.T.C.S., permits sny political subdivision
An Equal Opportunity/ to enter into a joint agreement with another political entity to
Allirmatlve Action Employer
establish, provide. maintain, construct, and
operate jointly with another governmental unit
located in the ssme or adjacent counties,
playgrounds, recreation centers, athletic fields,
,- swimming pools, and other park and recrestional
facilities located on property now owned or
p. 433
Ms. Winnie 1. Gibson - Page 2 (JK-103)
subsequently acquired by either of the
governmental units.
See Attorney General Opinion. M-60 (1979) (county may contribute to
zoo); R-1170 (1978) (county may coutract vith city for the operation
of museum, park or recreational facility); E-413 (1974) (county may
participate jointly with school district for the construction of a
swimming pool). It wss pursuant to article 1015c-1 that this office
concluded in Attorney General Opinion E-127 (1973) that a county could
contract with a non-profit corporation to use federal revenue sharing
money for the operation of a recreational facilfty designed for the
elderly. We said that
the county may, itself, construct and maintain a
recreational facility for the use of the public
and primarily for the use of the aged, under
reasonable regulations.
A county may contract with a private entity for the performance
of these services, so long as contractual and other controls insure
that an authorized public purpose of the county will be achieved.
Attorney General Opinion C-334 (1964) (hospital district contracting
with private hospitals for indigent care). As long as the facility
about vhich you inquire is open to the public, i.e., ao long as no
member of the public is precluded from its use notwithstanding that It
may be primarily designed to assist the elderly, we believe the county
might contract with it.
If the senior service facility is designed to provide medical or
health care, we believe that the county would have the authority to
contract with it pursuant to article 441gf, which provides in part as
follows:
The Conmissioners Court of any County shall
have the authority to appropriate and expend money
from the general revenues of its County for and in
behalf of public health and sanitation within its
County.
-Cf. art. 5547-201 (MHMR
center).
Counties also have the responsibility to “provide for the support
of paupers . . . who are unable to support themselves.” V.T.C.S. art.
2351. See also art. 4430, V.T.C.S., (county responsibility for
hospital care of indigent sick). In Attorney General Opinion C-246
(1964) this office concluded that a county could contract for the
operation of a residential convalescent home for the indigent aged as
permitted by article 2351.
p. 434
1 - Hr. Winnie 1. Gibrou - Page 3 (~?4-103)
However. a county does not have the authority to provide for the
general assistance of elderly residents. Such assistance may be
provided only if the county is pursuing its authority to provide
recreational areas, health care, or support for the county’s pauperr.
Any other assistance to elderly people by a county would likely be
found unconstitutional under the multiple provisions which prohibit
the giving away of public funds or property In absence of a proper
public purpose. See Tex. Const. art. III. 152; art. VIII, $3; art.
XI. i3. State v.xy of Austin. 331 S.W.2d 737 (Tu. 1960); Attorney
General Opinion m-22 (1979) (state may not pay utility bills for
needy aged individuals).
In Attorney General Opinion R-1244 (1978) this office concluded
that a county was not authorized to provide daycare services for
children generally. Similarly, It was found in Attorney General
Opinion H-1189 (1978) that there was “no statute authorizing the
commissioners court to provide day care for all children in the
county.” We believe that these two opinions would apply to
individuals on the other end of the age spectrum and would prohibit a
county from providing a comparable facility for the elderly, A county
may. however, provide recreational facilities for the elderly so long
as it is not to the exclusion of other county residents. Although
there are many provisions of state law which confer certain privileges
and benefits upon the elderly, there is simply no statutory authority
for a county to provide services generally to elderly individuals. A
county’s authority is limited to the provision of recreational
facilities, health care, and support for the poor. It is only in
pursuit of these statutory provisions that Somervell County vould be
empowered to contract for the operation of a “Senior Service Center.”
Of course, a county may not gratuitously grant public funds to a
private entity for any purpose.
SUMMARY
Somervell County may contract for the operatfon
of a center for the aged for recreational, health,
or indigent support purposes if contractual and
other controls insure that a public purpose vi11
be achieved.
JIM HATTOX
Attorney General of Texas
TOMGREEN
First Assistant Attorney General
D. 435
nr. Winnie F. Gibew - Page 4 (Jn-103)
.
?
DAVID R. RICIURDS
Rxocutive Aesirtant Attorney General
Prepered by David Brouka
Arrietant Attorney General
APPROVRD:
OPIIION COlM’ITEE
Rick Gilpin. Chairman
Jon Bible
David Brooks
Colin Carl
Susan Garrisw
Jim Moellinger
Nancy Sutton
Bruce Youngblood
p. 436
Untitled Texas Attorney General Opinion
Combined Opinion