Untitled Texas Attorney General Opinion ( 1983 )


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  •                                            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
    

Document Info

Docket Number: JM-71

Judges: Jim Mattox

Filed Date: 7/2/1983

Precedential Status: Precedential

Modified Date: 2/18/2017