1 

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 a portion of the salary of 

the manager of a historical 

museum under the facts submitted? 

You have requested an opinion of this office as to whether Hemphill 

County may pay a portion of the salary of the manager of a historical 

museum under the following facts: 

“The museum is maintained on the highway at 

the corner of 2nd and Main Streets in the City 

of Canadian in an old building formerly housing 

the Moody Hotel, the use of which premises is 

donated by the owners. The museum has a 

large sign stating ‘Pioneer Museum. ’ The 

museum contains exhibits of pioneer goods and 

products, some of which have been donated to 

the museum, some of which are owned by the 

manager, and some of which 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 of the manager is paid jointly by 

Hemphill County, the City of Canadian, Texas, 

and the Chamber of Commerce, with the County 

paying $200 of the salary, the City paying $150, 

and the Chamber of Commerce 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. 

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

“The museum is open to the public daily and 

admission is without charge. 

“The manager of the museum does maintain 

a small gift shop on the premises, selling 

souvenier items, the profits of which 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 1 of 

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) of Article 152813, 

v. c. s. , “means and includes construct, acquire by purchase, lease, 

devise, gift, or other mode of acquisition. ” 

In view of these statutes, it is our opinion the Commissioners’ 

Court may expend monies to pay a portion of the salary for the 

manager of the museum, as a joint participant with the City of Canadian 

and the local Chamber of Commerce. The statutes do not require that 

the county own the property before it can become a joint 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 of the salary 

of the manager of a museum under the facts presented. 

Ve<) truly yours, 

Attor&y General of Texas 

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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