PRICE DANlEL 

ATTORNEY GENERAL 

Auwrrlv 11. TrCXAe 

July 6, 1950 

Hon. J. C. McEvoy 

County Attorney 

Waller County 

Hempstead, Texas 

Opinion No. V-1082 

Re: The authority of the 

Commissioners' Court 

to spend county funds 

for a private fair 

Dear Sir: 

Your request for an opinion is as follows: 

“In the year 1946, citizens of this 

Waller County associated themselves together and formed a corporation and thereafter a charter was duly issued to such 

corporation under the laws of the State 

of Texas in the name of Waller County Fair 

Association; its capital stock is $259000. 

Since its Incorporation, the Waller County 

Fair Association has purchased some I.5 

acres of land and has erected various ag-*a,fl~ _ 

rlcultural, horticultural and lfvestock"CX- ~',',*. ,,: 

hibit bufldlngs at a cost of about $35"0@; ' 

It has conducted annual fairs slnce"l$&;"' 

Although it is set up as a corpora$ion for 

blllty for the 

its entirety. 

Court does 

fairs contfnued, and to 

the FaS.r Association in 

nual exhibits of horticultural and aip'i<ural products, livestock and mineral pPqducts, and such other products as aye of" 
Hon. J. C. McEvoy, page 2 (V-1082) 

Interest to the community. The Commissloners' Court is considering entering Into a 

contract, on behalf of Wailer County, with 

the Fair Association whereby the Fair Association would provide the buildings, 

grounds and agricultural, horticultural 

and livestock exhibits, for which Waller 

County would pay,to the Fair Association 

the sum of $2,000.00 or $3,000.00; under 

such contract it is contemplated that the 

'first gate' charge heretofore made would 

be eliminated, and the people of Waller 

County would be entitled to be admitted, 

without charge, to all of the exhibits and 

all of the fair, save and except the rodeo, 

for which a separate charge would be made, 

as has been done heretofore. 

"The Commissioners' Court is desirous 

of being advised whether they may lawfully 

enter Into such a contract, and, If so, 

whether advertisement for bids under Art. 

2368a would be required." 

You further state In your brief that under 

the proposed contract the Waller County Fair Assoclatlon "would provide for the 1950 exhibits of hortlcultural and agricultural products, livestock and mineral 

products, and other products as are of Interest to the 

community, without an admission charge to the public." 

Article 2372d, V.C.S., provides In part.: 

'Section 1. All counties in the State 

acting by and through their respective Commissioners' Courts may provide for annual 

exhibits of horticultural and agricultural 

products, livestock and mineral products, 

and such other products as are of Interest 

to the community. In connection therewith, 

such counties may also establish and malntaln museums, Including the erection of the 

necessary buildings and other Improvements, 

In their own counties or in any other county or city In the United States, where fairs 

or expositions are being held. 
. . 

Hon. J. C. McEvoy, page 3 (V-1082) 

"Sec. 2. The Commlesfoners' Courts 

of the respective counties or the Commlssloners' Courts of several counties may cooperate with each other and participate with 

local Interests In providing for the erection of such buildings and other lmprovements as may be necessary to accomplish the 

purpose mentioned In-Section 1, of this Act 

and for the assembling, erecting, and malntainlng of such horticultural and agricultural, livestock and mineral exhibits, and 

the expenses Incident thereto...." 

Article 2372d authorizes counties to construct 

buildings and other permanent Improvements for exhibits 

of horticultural, agricultural, livestock, and mineral 

products and to provide for such exhibits. Adams v. 

McGill, 146 S.W.2d 332 (Tex. Clv. App. 1941, error ref.). 

Itour opinion that counties are authorized under 

Article 2372d In providing such exhibits to contract 

with various individuals and associations for the assembling, erection, and maintenance of such annual exhibits as will best promote horticulture, agriculture, 

livestock raising, and the development of natural resources so long as such contract Is not In violation of 

the Texas Constitution. 

In this connection, It should be noted that It 

was held In Attorney General's Opinion No. O-2629, dated 

August 22, 1940, that Sections 51 and 52 of Article III 

of the Constitution of Texas prohibit the Commlssloners~ 

Court from making a donation or contribution to any ln- 

-dlvidual or association such as a "County Fair Association." sunder the facts submitted in your request, however, Waller County does not propose to make a donation 

to the WaLler County Fair Association. On the contrary, 

the Commissioners1 Court intends to contract for the use 

.of the buildings and ground8 owned by the Fair Association In holding the 1950 annual county fair and to employ 

the association to assemble, maintain, and operate such 

exhibits as will best carry out the purposes of Article 

2372d. 

The Court in Bland v. City of Taylor, 37 S.W. 

2d 291 (Tex. Clv. Ap 

67 S.W.2d 1033 (19347: 

-l931) affirmed In 123 Tex. 39, 

I n s&talning the validity of a 

tax levied for the purpose of "The establishment and 

maintenance of a Board of City Development, Chamber of 
Hon. J. C. McEvoy, page 4 (V-1082) 

Commerce, or other similar organization under whatsoever 

name, devoted to the growth, advertizement, development, 

Improvement and Increase of the taxable values of said 

city," held: 

by 

of 

of 

"The provisions of the Constitution 

which appellants assert are violated are: 

Article 3, % 52; article 8, % 3; and article 11, % 3. By article 3, % 52, the Legislature la prohibited from granting to any 

city, etc., power to lend Its credit or 

grant money or thing of value to any lndlvidual, association, or corporation whatever. Article l.1, PI 3, prohibits any county, city, or municipality from making any 

appropriation or donation or in any wise 

loaning Its credit to any private corporation or association. 

"These provisions clearly contemplate 

and prohibit, we think, benefits at public 

expense attempted In behalf of individuals, 

corporations, or associations, as such, acting independently and conducting some enterprise of their own, such as are usually conducted for profit and commercial in their 

nature. In the Instant case no aid was attempted to the chamber of commerce, acting 

as an Independent association. The city 

undertook to, and did, create said board of 

city development with defined duties, not 

to aid any association, but as a part of its 

municipal functions. Obviously, we think, 

there was no violation of article 3, % 52, 

nor of article 11, % 3, of the Constitution. 

"If In fact said, city had authority 

under the Constitution and laws of the state 

to do the things authorized by its charter, 

it Is wholly Immaterial whether such board 

of city development supplanted a private association theretofore maintained by private 

subscription." (Emphasis added) 

We therefore agree wjth the conclusion reached 

you In your able brief that the Commiselonero' Court 

Wailer County has the authority under the provisions 

Article 2372d to contract with the Waller County Fair 
Hon. J. C. McEvoy, page 5 (v-1082; 

Association for the use of its buildings and exhibits 

ip holding the 1950 Waller County~Fair and to employ 

the assoclatlon to assemble, erect, and maintain exhibits for.the promotfon and development of horticulture, agriculture, livestock ~aisfng, and mineral products In the State and County ir I!!* the discretion of 

the Court It determines that the purposes of Article 

23726 can best be carHed.out by such a contract. 

Section 2 of Aptlcle 2368a, V.C,S., provides, 

In part, that: 

"No county, acting through its Commissioners Court, and no cf,ty !n thl,s State 

shall hereafter make any contract callfng 

for or requfrfng the expendeture or payment 

of Two Thousand ($2,000.00) Dollars or more 

out of any fund OP funds of any city or 

county or subdivision of any county creating or imposing an oblfgatfo:n or lfabilfty 

of any nature or character upon such county 

or any subdfvislon of such county, or upon 

such city, without first submittfng such 

proposed contract to competftfve bids...." 

Article 2372d specifically provides that the 

provisions of Artid? 2368a are not repea3~ed by Its provisions. It Is our opfnfon that 811~ce the contemplated 

contract calls for an expznditme of $2,000,00 or more, 

the contract may only be awarded ore competitive bids. 

---.- SUMMARY 

Under the provfsfons of Article 2372d 

the CommzLssfoneraD Cou& of Wailer County 

has the authority to contract with a fair 

assocPatfon for the use of the a,ssocfatfon's 

buildings and employ the aatiocfatfon to assemble, erect, and mair&ain exhibits for the 

promotI.on and development of horticulture, 

agriculture, livestock raising, and mineral 

products in the State and County. Adams v. 

McGill, 146 S.W.2d 332 (Tex. Civ. App. 1941 

error ref.); Bland v. 

' 

--__ 

S.W.?d 291 (Tex. I- -&irizd 

City of Ta lor 

CXv. App. 

in 123 Tex. 39, 67 S.W.2d X0:33 (1934). Since 

the contract calls fog an expenditure of 
Hon. J. C. McEvoy, page 6 (V-1082) 

$2,000.00 0P more, it must be submltted 

to competitive bids. Art. 2368a, V.C.S. 

APPROVED: 

Yours very truly, 

PRICE DANIEL 

Attorney General 

J. C. Davis, Jr. 

County Affairs Division 

Joe R Greenhill 

First Assistant 

John Reeves 

Assistant 

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