The Attorney General of Texas 

October 24, 1983 

JIM MATTOX 

Attorney General 

Supreme Court Sullding 

P. 0. BOX 12546 

Austin, TX. 76711. 2546 

5121475-2501 

Telex 9101674.1367 

Telecopier 5121475-0266 

714 Jackson, Suite 700 

Oallcis. TX. 75202.4506 

214/742-6944 

4624 Alberta Ave., Suite 160 

El Paso, TX. 79905.2793 

915/533-3464 

m.001 Texas, Suite 700 

muston, TX. 77002-3111 

71312235666 

606 Broadway. Suite 312 

Lubbock, TX. 79401.3479 

606/747-5236 

4309 N. Tenth. Suite S 

McAllen. TX. 76501-1665 

5121662.4547 

200 Main Plaza. Suite 4W 

San Antonio. TX. 76205-2797 

512/225-4191 

An Equal Opportunity/ 

Affirmative Action Employel 

Honorable H. Ownby 

Criminal District Attorney 

Collin County Courthouse 

MeKinney, Texas 75069 

Opinion No. JM-82 

Re: Whether commissioner of 

Collin County may donate use of 

forms copyrighted in his own 

name to Collin County and sell 

use of forms to other counties 

Dear Mr. Ownby: 

You have asked whether a county commissioner may donate "simplex 

forms" for use in justice of the peace offices. You stated that these 

forms have been copyrighted and that the commissioner intends to 

market these forms to other counties in Texas. We assume that such 

distribution and sale of these forms is being pursued by the 

commissioner in his private capacity and for personal gain or profit. 

Collin County, however, will not expend any county funds for the use 

of the forms. 

For purposes of this opinion we assume hut do not decide that 

Collin County has authority to accept donated forms of the type in 

question. In Bridewell V. Clay, 185 S.W.2.d 170. 172 (Tex. Civ. ADD. - 

Dallas 1944, writ ref'd) (quoting 38 C.J.S., Gifts Q3, at 781), the 

court stated: 

It is also said that a gift is 'a contract which 

takes place by the mutual consent of the giver, 

who divests himself of the thing given in order to 

transmit the title of it to the donee 

gratuitously, and the donee. who accepts and 

acquires the legal title to it; it operates, if at 

all, in the donor's lifetime, immediately and 

irrevocably, and is a gift executed, no further 

act of parties, no contingency of death or 

otherwise, being needed to give it effect.' 

This decision indicates that the offer of a gift by a donor, together 

with its acceptance by a donee, constitutes a "contract." 

Article 2364, V.T.C.S., provides: 

No member of the commissioners court or any 

county officer shall be, either directly or 

p. 347 
Honorable H. Ownby - Page 2 (JM-82) 

indirectly, interested in any such contract [for 

forms and 'stationery supplies]. 

In our opinion, article 2364 means that a county official may not 

profit, either directly or indirectly, from the supplying of goods or 

services to his county. In the present instance, we presume that all 

parties to the transaction are acting in the public interest. 

Nevertheless, we can imagine instances in which a county official's 

donation of goods or services to his county might have a substantial 

impact on future elections. Moreover, the facts submitted to us 

indicate that this commissioner intends to use Collin County as a 

showcase for the sale of his forms to other counties. Although we may 

not agree with the strictness of the prohibition of article 2364, we 

believe it is clear that it embraces the circumstances related here. 

It is therefore our opinion that, under the facts presented, a 

commissioner may not donate the use of "simplex forms" to his county. 

SUMMARY 

Under the circumstances described, a county 

commissioner is prohibited by article 2364, 

V.T.C.S., from donating "simplex forms" for use by 

his county. 

JIM MATTOX 

Attorney General of Texas 

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 

Nancy Sutton 

p. 348