The Attorney General of Texas
F+elmmy 2, 1978
JOHN L. HILL
Attorney General
Honorable Henry Wade Opinion No. Ii- 12.23
District Attorney
Dallas County Re: Whether a county may contract
Sixth Floor, Records Building with a private organization for the
Dallas, Texas 75202 operation of a rape crisis center.
Dear Mr. Wade:
You have asked if Dallas County may contribute to cc contract with a
private charitable organizntion for ths operation of a rape crisis center.
A county may not make gifts to private organizations or individuals,
Attorney General Opinion H-520 (1975), although under appropriate circum-
kw”.sunm
723 010 stances it is empowered to enter into contracts for the performance of
HumIon.
7x.77w2 services. Attorney General opinion H-127 (1973). The validity of any
71-1 contract would depend on its terms, but as a general proposition it is true
that a county may contract with a private person to perform services which
the county is authorized to perform itself. Attorney Qeneral Opinion H-127
(1973). As you have indicated in your brief, the issue in this inquiry is whether
a county has authority to perform the services offered by a rape crisis center.
You have provided us with a grant request filed with the Texas Criminal
Justice Council which outlines the activities of the Rape Crisis Center. It
indicates that the Center is &signed to encourage reporting and prosecution
of acts of rape. ‘the program will include educational activities designed to
reduce the incidence of rape and other sexual assaults. A program of
counseling of victims and referrals for medical and mental health care will
alsc be provided. You have furnished ~18with a letter signed by four members
of the Dallas County Commissioners Court which concludes that the
activities of the Center are within the traditional law enforcement and
prosecutorial functions of the County.
The Texas Supreme Court has stated that a principal function of
counties is the administration of justice. ,Rexar County v. Linden, 220 SW.
761, 763 (Tex. 1920). See Rodzers v. Cour 1ty of Taylor 366 m . i3 794, 797
(Tex. Civ. ADD. - Ear&iidiss,. n.r.e. old&r that a countv mav
pay for a tr&icript of grand j&y proceedings m light OF the benefits-which
flow to the public from good law enforcement).
p. 4590
Honorable Henry Wade - Page 2 (H-2.223)
However, as you correctly point out in your brief, the law enforcement
activities of the county are vested in officials and organizstions such as the grand
jury, sheriff, dtstrict attorney, and criminal courts rather than in the commis-
sioners court. While the commissioners court may not have independent authority
to enter into a contract for cperation of a rape crisii center, it does have authority
to provide funding for contractual or independent activities by county officials,
such as the sheriff or criminal district attorney, who do have law enforcement
duties. V.T.C.S. arts. 3912k and 3899.
Accordingly, we agree with your conclusion that the commissioners court
does not have unlimited law enforcement authority and may not on that basis
independently fund a rape crisis center; however, we believe that the commis-
sioners court may authorize funding for contracts between a rape crisis center and
county agencies or officials which do have specific law enforcement duties.
Thus, it is our opinion that, with the cooperation of the sheriff or criminal
district attorney, a county may expend funds for law enforcement activities such as
those proposed by the Rape Crisii Center; Since the county may perform the
services itself, it may contract to have them done. No specific contract has been
presented to ‘us and we express no view on the validity of the details of any
particular contract which mtght be proposed.
SUMMARY
With the cooperation of the sheriff or criminal district
attorney, the Dallas County Commissioners Court may
provide funds for a contract with a rape crisis center for the
performance of services which the county itself might have
performed and which are designed to encourage enforcement
of criminal laws involving sexual assault.
r~ APPROVBD:
p. 4591
’ - .-* .
.
. l
Honorable Henry Wade - Page 3 (H-1123)
Opiiion Committee
p. 4592