OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Hon. Joe P. Flack 

County Attorney 

Kenard.County 

Kenard, Texas 

Dear Sir: 

Opinion No. O-7521 : 

Authority of t 

Court to acce 

I quote from your letter 0 

an opinion of this department: 

“The clubwonen of Een 

Commissioners Court want t 

petent agent for 

e Extension 

cure a come&ion is, again, could the Commissioners 

$150.00 and the amount would be $1050.00, 

to be.disbursed by the Commissioners Court and, I believe, 

would be paid to the Extension Service.” 

Article 164, Revised Civil Statutes of 1925, is amended, 

provides: 

“The Cowzssioners Court of any County in this 

State is authorized to establish and conduct cooperative 

336 
Hon. Joe P. Flack - Page 2 

demonstration work in agriculture and home economics in 

cooperation with the Agricultural and Mechanical College 

of Texas, upon such terms and conditions as may be agreed 

upon b the Commissioners' Court and the agents of the 

Bgrlc lx tural and Eechanlcal College of Texas; and may 

employ such means, and may appropriate and expend such 

euma of money as may be necessary to effectively establish 

end carry on such demonstration work in agricultural and 

home economics in their respective counties.n 

Under the Texas Constitution, Article XI, counties are i, 

munici 

3 

al corporations and political subdivisions of the State. 

of Abl ene vs. State,llj S.Z. (2nd) 631, error dismissed. 

city 

If the sum contributed by the clubwomen of Pienard County 

plus the salary of the county home demonstration agent is to be treated 

as a gift or donation by the Commisaionera~ Court, it is our opinion 

that the,law Is well settled that municipal corporations ma receive 

bequests .ifts and donations of all kinds of roperty. 

Kunicipai forporatlons, Revised Edition, Sec. !221. 

MC &a lllin, 

Under their general powers ato acquire and hold 

it has been held that a municipal corporation may accept a 

money from the United States government. Iowa-Southern Uti 

Company vs. Lamoni, 11 Fed. Sup. 581. 

In the case of State Ex Rel helrose Sewer District vs. 

Smith, 120 S.W. (2nd) 1102, it was held that a sewer district could 

accept donations such as federal grants which would enable them to 

construct a system costing more than its debt limit. 

It is our opinion that it would not be Improper for the 

Comlssioneral Court to accept the contributions or donations fron 

private individuals to be applied to the salary of e county home 

demonstration egent pursuant to an agreemen: entered into with the 

;;zslon Division of the Agricultural and F:echcnical College of 

. 

However, all expenditure of county funds by the Commissionerst Court is governed by the budget zc set forth in itrticle 69a11, V.A.C.S., which provides in part 
Non, Joe P. Flack - Page 2 

th6 

*k?mn the bud&et l-u15 

Commissioners Co-m-t, 

been finally approved by 

the ?udzet, as approved by 

the Court shall be filed with the Clerk of tha (;oumy 

court, azB4 taxes levied only in accordance thereuith 

and no expenditure of th:e fund6 Gf the county 5h&i, 

thereafter be trade except in strict &m@.iance with 

the km&et. as adopted by the Court. Except that 

ermr&oney expendittwos in &we of gave public necamity, to meet :‘ms&“-. and unforeseen eocditiorz 

~r.%A.ci~t cs-c~~!.r! ~o’i, by ro.?.eon;bLy di.llC;ont, ',ho~~~ht end 

atd$;to:lt?.o;l, haye kc:. '~:-.f:l:r si,-.(j in ;.pc y:~.-:;?;:_L i,.&:;$^c,) 

may $rom t5.m to ti. be a!t.ihorized by tt:e ~2oxT t23 

z'?rcn~~wn"us to the ori qlr:Kl k:Q;ct." 

Ge eui;i;ost the proper nay to '- 

ia to have the &more 

.axZlo the pi-opcscd donation 

tender the ewe to tl;e ~orpr~asionere~ Court 

for the sale 

paylug the af 

urpose OS s*qpleaentin: tkt2 cou2ty'e a3propria';ion for 

s ary of t3e hone demanstmtioz went. xf t&8 COWt 

accepts the Coni;tior., proper entry of the pro 0~~1 and scsei>tFLlce 

should be mdo in t!le simt oe of the Court. i! he amunt of the 60xt;iOll, &X2.00, boccmc L test fund and the comty becweo the 

trustee to e-xperAd that !?~nd in accordance v.5th the tmet agreernect. 

The money should be deposited ir. the C:A&L~ trce.eury to the cred!it 

of a fund which may be denominated W&ry Fund of ik~m Demonstration 

Agent. n in the County 

De,positor 

The Comty Treasurer should deposit the mane 

7 

to t&s credit of the sam ik.$. Eroh mont K in payment of 

the agent 9 the Sourt !Ray o?dcr 275.X) te be 

gmeral 

ealaq 

%Jid and *c f.; c . , v 4 at of the trust fwd, a tot&% $.$;"%e 

mount contribyxted to t% aLc:lt' e S&D> a,;.ck m-xth. 

::incr tko a+m!r.t, iccated. is not Pcrivci from taxes, if tha 

plan svdaoted ir followzG ,' the e::~eiictii:cz-e t-y the county of the 

if9Ot3.00 for part pap;cat 0E t.b.e agetrt’c G&kl-y u-‘,il’%G i:i E”r:Ct C0T.P 

pliance with the bx%get, e,?d the I.&W.