JIM MATTOX 

Attorney General 

Supreme Court euildina 

P.O.Eox 12546 

Austin. TX. 76711. 2546 

51214752501 

Telex 910/674-1367 

Telecqpier 5121475-0266 

714 Jackson, Suite 700 

Dallas. TX. 75202-4506 

2141742-6944 

4624 Alberta Ave..Suite 160 

El Paso, TX. 79905.2793 

9151533.3464 

1001 Texas. Suite 700 

-~uston, TX. 77002.3111 

J/223-5666 

606 Broadway. Suite 312 

Lubbock, TX. 79401.3479 

6061747-5236 

4309 N. Tenth. Suite S 

McAllen. TX. 76501-1665 

5121662-4547 

200 Main Plaza. Suite 400 

San Antonio. TX. 76205-2797 

5121225-4191 

An Equal OpportunityI 

Affirmative Action Employer 

The Attorney General of Texas 

September 19, 1983 

Mr. Curtis Tunnel1 

Executive Director 

Texas Historical Cormnission 

P. 0. Box 12276 

Austin, Texas 78711 

opinion No. JM-71 

Re: Handling of funds acquired 

by county historical commission 

through donations or fund 

raising activities 

Dear Mr. 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 following questions: 

1. Must donated funds be deposited with the 

county treasurer? 

2. Must the county commissioners court approve 

both the acceptance and subsequent disposition of 

donated real estate? 

3. Whether the county historical commission 

may maintain a separate bank account for money 

collected from fund raising events and whether the 

commission is required to report to the county 

treasurer of the use 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 commission acts 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 

county historical commission and of its subsequent disposition. 

A county commissioners court may, if it so desires, create and 

appoint the members of a county historical commission for the purpose 

of implementing such programs of a local historical nature as may be 

p. 302 
Mr. Curtis Tunnel1 - Page 2 (JM-71) 

"suggested" by the cormnissioners court 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 existence of historical buildings and other historical 

sites, private collections of historical memorabilia, or other 

historical features within the county, and shall report the data 

collected to the Commissioners Court." Id. at (c). 

Article 6081e, section 1. V.T.C.S., provides that 

[alny county . . . may acquire by gift, devise, or 

purchase or by condemnation proceedings, lands and 

buildings, to be used for . . . historical 

m"Se"mS) or lands upon which are located historic 

buildings, sites, or landmarks of state-wide 

historical significance . . . or =w other 

archaeological, paleontological, or historical 

buildings, markers, monuments, or other historical 

features . . . . 

A county historical commission is authorized only to make 

recommendations to 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 historical properties and since a county acts only 

through its commissioners court, 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 

commissioner must be deposited with the county treasurer. 

Article 1709, V.T.C.S., provides that 

[t]he County Treasurer, as chief custodian of 

county finance, shall receive all moneys belonging 

to the county from whatever source they may be 

derived; keep and account for the same in a 

designated depository or 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 

p. 303 
Mr. Curtis Tunnel1 - Page 3 (JM-71) 

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 Sellers v. Harris County, 483 S.W.Zd 242 (Tex. 1972). - 

SUMMARY 

The acquisition and control of the property and 

finances of a county historical commission is an 

authority to be exercised by the county 

commissioners court. Donated property must be 

approved by the commissioners court and any funds 

realized by the commission must be deposited with 

the county treasurer. 

Very truly yours 

L-L-h 

. 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICHARDS 

Executive Assistant Attorney General 

Prepared by David Brooks 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Rick Gilpin, Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Jim Moellinger 

Nancy Sutton 

Bruce Youngblood 

p. 304