JIM MATTOX Attorney General

Supreme Court euildina P.O.Eox 12546 Austin. TX. 76711. 2546 51214752501 Telex 910/674-1367 Telecqpier 5121475-0266

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# The Attorney General of Texas September 19, 1983

Mr. Curtis Tunnel1 ExecutiveDirector TexasHistoricalCormnission P. 0. Box 12276 Austin, Texas 78711 opinionNo. JM-71 Re: Handling of funds acquired by countyhistorical commission through donations or fund raisingactivities DearMr. Tunnell: You have requested our opinion concerning the disposition of funds and property which have been raised by or donated to a county historical commission. You have asked the followingquestions:

1. Must donated funds be deposited with the county treasurer? 2. Must the county commissionerscourt approve both the acceptance and subsequentdisposition of donated real estate? 3. Whether the county historical commission may maintain a separate bank account for money collected from fund raisingeventsandwhether the commission is required to report to the county treasurerof theuse of such funds. 4. Whether any interest earned on county historical commission funds, whether donated or earned, must be deposited with the county treasurer. It is our opinion that a county historical commissionacts as an agent of the county and all of its property and funds are county funds, including interest, which must be deposited with the county treasurer. Furthermore, the county commissioners court has exclusive authority to approve the acceptance of real property donated to the countyhistorical commissionand of its subsequentdisposition. A county commissioners court may, if it so desires, create and appoint the members of a countyhistorical commission for the purpose of implementing such programs of a local historical nature as may be

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"suggested" by the cormnissionerscourt and the Texas Historical Commission. V.T.C.S. art. 6145.1(a). The county historical commission is required to meet at least annually and must prepare an annual report reflecting its activities and recommendations to the commissioners court. Id. at (b). The commission is required to "determine the existenceof historicalbuildings and other historical sites, private collections of historical memorabilia, or other historical features within the county, and shall report the data collected to the CommissionersCourt." Id. at (c). Article 6081e, section 1.V.T.C.S.,provides that [alnycounty . . .may acquireby gift, devise,or purchase orby condemnationproceedings, landsand buildings, to be used for . . . historical m"Se"mS) or lands upon which are locatedhistoric buildings, sites, or landmarks of state-wide historical significance
. . . or =w other archaeological, paleontological, or historical buildings,markers,monuments, or otherhistorical features . . . . A county historical commission is authorized only to make recommendationsto the commissioners court concerning the acquisition of real and personal property of historical significance. V.T.C.S. art. 6145.1(e). Since article 6081e. quoted above, permits a county to acquire donated historicalproperties and since a county acts only through its commissionerscourt, it is our opinion that real property donated to a county historical commission must be accepted by the commissioners court before such donation takes effect. It follows that the commissioners court must approve the sale or other disposition of such real property. See V.T.C.S. art. 1577 (sale or - lease of county real estate). Any funds,earned or donated, including interest,which come into the possession of employees or agents of a county historical commissionermust be depositedwith the county treasurer. Article 1709,V.T.C.S.,provides that [t]he County Treasurer, as chief custodian of county finance, shall receiveallmoneys belonging to the county from whatever source they may be derived; keep and account for the same in a designateddepositoryor depositories. See also V.T.C.S. art. 1709a (manner of making deposits with county treasurer). Therefore, the county historical commission is not authorized to maintain its own bank account for money received from

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fund raising events but must deposit the same with the county treasurer. Any interest earned on such funds follows the principal and must be used and managed in the same manner required for the principal. See Sellersv. Harris County, 483 S.W.Zd 242 (Tex. 1972).

- SUMMARY The acquisitionand controlof theproperty and finances of a county historical commission is an authority to be exercised by the county commissioners court. Donated property must be approvedby the commissionerscourt and any funds realizedby the commissionmust be depositedwith the county treasurer. Very trulyyours

L-L-h .
JIM MATTOX AttorneyGeneral of Texas TOM GREEN FirstAssistantAttorneyGeneral DAVID R. RICHARDS ExecutiveAssistantAttorneyGeneral Preparedby David Brooks AssistantAttorneyGeneral APPROVED: OPINION COMMITTEE Rick Gilpin, Chairman Jon Bible David Brooks Colin Carl Jim Moellinger Nancy Sutton BruceYoungblood

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