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April 3, 1972

Honorable Wm. J. Jackson County Attorney Hemphill County Box 487 Canadian, Texas 79014
Dear Mr. Jackson: Opinion No. M-1113
Re: Whether Hemphill County may pay aportion of the salary of the manager of ahistorical museum under the facts submitted? You have requested an opinion of this office as to whether Hemphill County may pay aportion of the salary ofthe manager of ahistorical museum under the following facts:

“The museum is maintained on the highway at the corner of 2nd and Main Streets inthe City ofCanadian in an old building formerly housing the Moody Hotel, the use ofwhich premises is donated by the owners. The museum has a large sign stating ‘Pioneer Museum. ’ The museum contains exhibits ofpioneer goods and products, some ofwhich have been donated to the museum, some ofwhich are owned by the manager, and some ofwhich 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 ofthe manager is paid jointly by Hemphill County, the City ofCanadian, Texas, and the Chamber ofCommerce, with the County paying $200 of the salary, the City paying $150, and the Chamber ofCommerce 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. -5424-.

Honorable Wm. J. Jackson, page 2 (M-1113)

“The museum is open to the public daily and admission is without charge.

“The manager ofthe museum does maintain a small gift shop on the premises, selling souvenier items, the profits ofwhich 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 1of 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) ofArticle 152813, v. c. s. , “means and includes construct, acquire by purchase, lease, devise, gift, or other mode ofacquisition. ” In view ofthese statutes, it is our opinion the Commissioners’ Court may expend monies to pay aportion of the salary for the manager of the museum, as ajoint participant with the City ofCanadian and the local Chamber ofCommerce. The statutes do not require that the county own the property before it can become ajoint 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 ofthe salary ofthe manager of a museum under the facts presented. Ve<) truly yours,

Attor&y General ofTexas I 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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