The Attorney General of Texas
April 27, 1981
ARKWHITE
norneyGeneral
Honorable Tom O’Connell Opinion No. NW-329
Criminal District Attorney
Collln County Courthouse Re: County contribution to non-
McKinney, Texas 75069 profit corporation organized to help
the handicapped
Dear Mr. O’Connell:
You ask the following question:
May a county make a capital contribution to a
non-profit corporation organized for’ the purpose of
training handicapped adults to acquire job skills for
the construction of a building? ?
The funds at issue are federal revenue sharing funds. A local government is
required to spend these funds “in accordance with the laws and procedures
applicable to the expenditure of its own revenues.” 31 U.S.C. S1243(al(4).
The commissioners court has only those powers that the eonstitution
and statutes have conferred upon it. Canales v. Laughlin, 214 SW. 2d 451
(Tex. 1948X We:find no statutory authority for the county to provide
assistance to handicapped adults In the manner described. If it did have ,‘8
authority to provide such services itself, it could use revenue sharing funds
to provide the services by contract with a private non-profit corporation.
See
- Attorney General Opinion H-127 (1973).
However, in the absence of statutory authorization to provide such
services, the capital contribution to the non-profit corporation would
constitute a donation of public funds to a private corporation In violation of
article III, section 52 and article XI, section 3 of the Texas Constitution.
e Attorney General Opinions H-1189 (1978); H-520 (1975); M-661 (19701.
Therefore, a county may not make such a contribution.
SUMMARY
A county lacks authority to make a capital
contribution to a non-profit corporation organized
for the purpose of training handicapped adults to
acquire job skills.
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Honorable Tom O’Connell - Page TWO (xw-329)
MA%K WHITE
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan L. Garrison
Assistant Attorney General
APPROVED:
OPINION COMMlTTEE
i
Susan L. Garrison, ChaPman
Jon Bible
Lucius Bunton
Rick Gilpin
Bruce Youngblood
i
p, 1060