- February 10, 1975 

The Honorable Preston Stevens 

County Attorney 

Wheeler County 

P.O. Box 571 

Shamrock, Texas 79079 

Opinion No. H- 520 

Re: County participation in 

construction of a privateiy 

operated livestock show 

barn. 

Dear Mr. Stevens: 

You have requested our opinion regarding whether the Commissioners 

Court of Wheeler County may contribute $50,000.00 toward the construction 

of a livestock show barn. which facility would be owned and operated by 

the Wheeler County Livestock Association, a private‘non-profit organization. 

Article 2372d-2, VI T. C. S., authorizes: 

[the Commissioners Court of any county . . . to 

purchase, build, or construct buildings and other 

permanent improvements to be used for annual 

exhibits of horticultural and agricultural products, 

and/or livestock and mineral products of the county. . . 

Payment must be made from the constitutional permanent improvement 

fund. 

Although this statute does not itself prohibit a county’s participation 

in the construction of facilities in which the title thereto is vested elsewhere, 

article 3, section 52 of the Texas Constitution contains an affirmative 

proscription: 

Except as otherwise provided by this section, 

the Legislature shall have no power to authorize 

p. 2346 
, 

The Honorable Preston Stevens page 2 (H-520) 

any county, city, town or other political corporation or subdivision of the State to lend its credit 

,or to grant ptilic money or thing of value in aid 

of, or to any individual, association or corporation whatsoever, or to become a stockholder in 

such corporation, association or company. 

There is no question that the Wheeler County Livestock Association is an “association or corporation” within the meaning of article 3, 

section 52. 

Under the provisions of article 2372d-3, V. T. C. S., a county may: 

. . . enter into contracts with persons, firms, or 

corporations for complete management of, the conducting, maintenance, use, and operation of such 

exhibits, buildings and improvements tin such terms 

as may be agreeable to the Court, and shall have the 

authority to lease such exhibits, buildings and improvements on such terms as may be agreeable to the Court, 

and shall have the authority to lease such exhibits, 

buildings and improvements under such terms and 

agreements as may be satisfactory to the Commissioners 

Court and the lessee. 

The Commissioners Court thus may permit the Wheeler County Livestock 

Association for adequate consideration to lease and operate a county 

facility. Sees. Attorney General Opinions H-472 (1974), H-403 (1973). 

Although thccounty may not contribute to the erection of a show barn by 

a private corporation, it may be possible for the county to contract with 

the private corporation concerning premises owned by the county for the 

purposes set out in the statute. 

SUMMARY 

A county may not contribute public funds to the 

construction of a facility to be owned and operated 

by a private corporation. 

Very truly yours, 

p. 234 

Attorney General of Texas 
The Honorable Preston Stevens page 3 (H-520) 

APPROVED: 

DAVID M. KENDALL, First Asdistant 

C. ROBERT HEATH, Chairman 

Opinion Committee 

p. 2348