The Attorney General of Texas
September 19, 1983
JIM MATTOX
Attorney General
Supreme Court euildina Mr. Curtis Tunnel1 opinion No. JM-71
P.O.Eox 12546 Executive Director
Austin. TX. 76711. 2546 Texas Historical Cormnission Re: Handling of funds acquired
51214752501 P. 0. Box 12276 by county historical commission
Telex 910/674-1367
Austin, Texas 78711 through donations or fund
Telecqpier 5121475-0266
raising activities
714 Jackson, Suite 700 Dear Mr. Tunnell:
Dallas. TX. 75202-4506
2141742-6944
You have requested our opinion concerning the disposition of
funds and property which have been raised by or donated to a county
4624 Alberta Ave..Suite 160 historical commission. You have asked the following questions:
El Paso, TX. 79905.2793
9151533.3464 1. Must donated funds be deposited with the
county treasurer?
1001 Texas. Suite 700
-~uston, TX. 77002.3111 2. Must the county commissioners court approve
J/223-5666 both the acceptance and subsequent disposition of
donated real estate?
606 Broadway. Suite 312
Lubbock, TX. 79401.3479
3. Whether the county historical commission
6061747-5236 may maintain a separate bank account for money
collected from fund raising events and whether the
commission is required to report to the county
4309 N. Tenth. Suite S
treasurer of the use of such funds.
McAllen. TX. 76501-1665
5121662-4547
4. Whether any interest earned on county
historical commission funds, whether donated or
200 Main Plaza. Suite 400 earned, must be deposited with the county
San Antonio. TX. 76205-2797
treasurer.
5121225-4191
It is our opinion that a county historical commission acts as an
An Equal OpportunityI agent of the county and all of its property and funds are county
Affirmative Action Employer funds, including interest, which must be deposited with the county
treasurer. Furthermore, the county commissioners court has exclusive
authority to approve the acceptance of real property donated to the
county historical commission and of its subsequent disposition.
A county commissioners court may, if it so desires, create and
appoint the members of a county historical commission for the purpose
of implementing such programs of a local historical nature as may be
p. 302
Mr. Curtis Tunnel1 - Page 2 (JM-71)
"suggested" by the cormnissioners court and the Texas Historical
Commission. V.T.C.S. art. 6145.1(a). The county historical
commission is required to meet at least annually and must prepare an
annual report reflecting its activities and recommendations to the
commissioners court. Id. at (b). The commission is required to
"determine the existence of historical buildings and other historical
sites, private collections of historical memorabilia, or other
historical features within the county, and shall report the data
collected to the Commissioners Court." Id. at (c).
Article 6081e, section 1. V.T.C.S., provides that
[alny county . . . may acquire by gift, devise, or
purchase or by condemnation proceedings, lands and
buildings, to be used for . . . historical
m"Se"mS) or lands upon which are located historic
buildings, sites, or landmarks of state-wide
historical significance . . . or =w other
archaeological, paleontological, or historical
buildings, markers, monuments, or other historical
features . . . .
A county historical commission is authorized only to make
recommendations to the commissioners court concerning the acquisition
of real and personal property of historical significance. V.T.C.S.
art. 6145.1(e). Since article 6081e. quoted above, permits a county
to acquire donated historical properties and since a county acts only
through its commissioners court, it is our opinion that real property
donated to a county historical commission must be accepted by the
commissioners court before such donation takes effect. It follows
that the commissioners court must approve the sale or other
disposition of such real property. -See V.T.C.S. art. 1577 (sale or
lease of county real estate).
Any funds, earned or donated, including interest, which come into
the possession of employees or agents of a county historical
commissioner must be deposited with the county treasurer.
Article 1709, V.T.C.S., provides that
[t]he County Treasurer, as chief custodian of
county finance, shall receive all moneys belonging
to the county from whatever source they may be
derived; keep and account for the same in a
designated depository or depositories.
See also V.T.C.S. art. 1709a (manner of making deposits with county
treasurer). Therefore, the county historical commission is not
authorized to maintain its own bank account for money received from
p. 303
Mr. Curtis Tunnel1 - Page 3 (JM-71)
fund raising events but must deposit the same with the county
treasurer. Any interest earned on such funds follows the principal
and must be used and managed in the same manner required for the
principal. -See Sellers v. Harris County, 483 S.W.Zd 242 (Tex. 1972).
SUMMARY
The acquisition and control of the property and
finances of a county historical commission is an
authority to be exercised by the county
commissioners court. Donated property must be
approved by the commissioners court and any funds
realized by the commission must be deposited with
the county treasurer.
Very truly yours
.
L-L-h
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
David Brooks
Colin Carl
Jim Moellinger
Nancy Sutton
Bruce Youngblood
p. 304