1
April 3, 1972
Honorable Wm. J. Jackson Opinion No. M - 1113
County Attorney
Hemphill County
Box 487 Re: Whether Hemphill County may
Canadian, Texas 79014 pay a portion of the salary of
the manager of a historical
museum under the facts sub-
Dear Mr. Jackson: mitted?
You have requested an opinion of this office as to whether Hemphill
County may pay a portion of the salary of the manager of a historical
museum under the following facts:
“The museum is maintained on the highway at
the corner of 2nd and Main Streets in the City
of Canadian in an old building formerly housing
the Moody Hotel, the use of which premises is
donated by the owners. The museum has a
large sign stating ‘Pioneer Museum. ’ The
museum contains exhibits of pioneer goods and
products, some of which have been donated to
the museum, some of which are owned by the
manager, and some of which are on loan to the
museum, having been given to the museum with
the understanding and agreement that they will
revert to the original owner if the museum is
closed..
“The salary of the manager is paid jointly by
Hemphill County, the City of Canadian, Texas,
and the Chamber of Commerce, with the County
paying $200 of the salary, the City paying $150,
and the Chamber of Commerce paying $100 per
month. As stated above, the premises are
donated and utilities and other expenses are
paid from voluntary donations by vistors to the
museum.
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Honorable Wm. J. Jackson, page 2 (M-1113)
“The museum is open to the public daily and
admission is without charge.
“The manager of the museum does maintain
a small gift shop on the premises, selling
souvenier items, the profits of which are
used for expenses of maintaining the museum,
together with donations, as above indicated. ”
Article 2372d, V. C. S., provides, in part, that:
“Section 1. All counties in the State . . .
may also establish and maintain museums
. . .
“Section 2. The Commissioners’ Court . . .
may. . . participate with local interests in
providing for . . . the expenses incident thereto. ‘I
In addition, Article 6081e, V. C. S., also authorizes the county
and city, or either, to acquire and operate museums. Section 1 of
this Article reads, in part, as follows:
..
. . . Any county or any incorporated city of
the State, either independently or in cooperation
with each other, . . . may acquire by gift,
devise or purchase . . . Iands and buildings to
be used for . . . historical museums . , .”
“Acquire”, as defined by Section 2, Subsection (6) of Article 152813,
v. c. s. , “means and includes construct, acquire by purchase, lease,
devise, gift, or other mode of acquisition. ”
In view of these statutes, it is our opinion the Commissioners’
Court may expend monies to pay a portion of the salary for the
manager of the museum, as a joint participant with the City of Canadian
and the local Chamber of Commerce. The statutes do not require that
the county own the property before it can become a joint participant
and expend its monies in this connection.
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Honorable Wm. J. Jackson, page 3 (M-11 13)
SUMMARY
Under the provisions of Article 2372d, V. C. S. ,
and Article 6081e, V. C. S. , the Commissioners’
Court may expend monies to pay part of the salary
of the manager of a museum under the facts pre-
sented.
Ve<) truly yours,
Attor&y General of Texas
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Prepared by James Hackney
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor. Chairman
W. E. Allen Co-Chairman
J. C. Davis
Bill Campbell
Sally Phillips
Max Hamilton
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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