May 28, ,1953
Hon. J. M. Fly Opinion No. S-46
County Attorney
Victoria County Re: Authority of the Commis-
Victoria, Texas sioners' Court to spend
county funds to hard-
'surface a piece of land
owned by the city of
Victoria adjacent to the
county courthouse to pro-
vide parking space for
Dear Sir: city and county officials.
You have asked substantially the following
question:
Can the C~ommissioners'Court of,
Victoria County spend county funds to hard-
surface a l/2 block of land owned and con-
trolled by the city of Victoria adjacent
to the county courthouse to provide parking
space for c~ity,andcounty officials?
Section 51 of Article III of the Constitution
of Texas states in part:
"The Legislature shall have no power
to make any grant or authorize the making
of any grant of public moneys to any indi-
vidual, association of individuals, muni-
oipal or other c,orporationswhatsoever. . .n
Section 52 of Article III of the Constitution
of Texas provides in part:
"The Legislature shall have no power
to authorize any county, city, town or other
political corporation or subdivision of the
State to lend its credit or to grant public
Hon. J. M. Fly, page 2 (s-46)
money or thing of value in aid of, or to any
individual, association or corporation what-
soever. . .'
If county Funds were spent to provide parking
space for city and county officials on a city owned and
controlled lot, it would be a grant of public money to
a municipal corporation, which is prohibited by the above
quoted Sections of the Constitution.
Therefore, we are of the opinion that Victoria
County is prohibited from spending county funds on city
owned and controlled property for a parking area.
We are enclosing a copy of Attorney General's
Opinion V-282 (1947) in which it was held permissible
for Dawson County to use certain areas on the courthouse
yard (owned by the county) for parking purposes and that
the county could pay For the cost of paving the same.
SUMMARY
Victoria County's Commissioners Court
cannot spend county money on city owned and
controlled property i&provide parking space
for city and county officials. Tex.Const.
Art. III, Sec,s.51 and 52.
Yours very truly,
APPROVED: JOHNBRNSREPPERD
Attorney General
J. C. Davis, Jr.
County Affairs Division
C. K. Richards BY Q&-w e,@+
Reviewer Sam C. Ratliff
Asslstant
Robert S. 'ProWi
First Assistant
John Ben Shepperd
Attorney General
SCR:am