JIM MATTOX 

Attorney General 

The Attorney General of Texas 

December 29. 1983 

Suprema couli EUlldlng 

P. 0. BOX 12545 

AU~wt. TX. 79711. 2545 

512l475.2501 

Telex 9101874.13S7 

Telecopier 51214750255 

Mr. Winnie P. Gibson 

Somervell County Auditor 

P. 0. Box 612 

Glen Rose. Texas 76043 

Opinion No. m-103 

Re: Use of county funds for 

operation of senior service 

center 

714 Jackeon, Suite 700 

Dallas, TX. 75202.4505 

2W742.5944 

Dear Ms. Gibson: 

You have requested our opinion on the following question: 

4S24 Alberta Ave., Suite 150 

El Paso, TX. 7-2793 

915l533.3454 

- 

Whether or not Somervell County may legally pay 

county monies to the Somervell County Comittee on 

Aging for their operation of the Senior Service 

Center. 

,901 TWPII. Suite 700 

HOUSTON, TX. 77002.3111 

71312235556 

You have not stated the purpose or nature of the Senior Service 

Center, but for purposes of this opinion we will assume that it offers 

social and recreational programs designed for the enjoyment of elderly 

people. 

5w eroaeway. Sultr 312 

Lubbock, TX. 79401-5479 

SOW747.5239 

4309 N. Tenth. Suite B 

MeAllen. TX. 79501-1595 

5121552.4547 

200 Main Plaza. Sub 4w 

San Antonio. TX. 79205.2797 

51212254191 

It is well established that counties in Texas may pursue 

activities and expend county funds only when authorized by the state 

constitution or statutes. Article 1015c-1. section 3. V.T.C.S., 

provides that a county 

=Y establish. provide, acquire. meintain, 

construct, equip, operate, and supervise 

recreational facilities and programs, either 

singly or jointly In cooperation with one (1) or 

more other governmental units. 

Article 6081t. section 2, V.T.C.S., 

An Equal Opportunity/ 

permits sny political subdivision 

Allirmatlve Action Employer 

to enter into a joint agreement with another political entity to 

,- 

establish, provide. maintain, construct, and 

operate jointly with another governmental unit 

located in the ssme or adjacent counties, 

playgrounds, recreation centers, athletic fields, 

swimming pools, and other park and recrestional 

facilities located on property now owned or 

p. 433 
Ms. Winnie 1. Gibson - Page 2 (JK-103) 

subsequently acquired by either of the 

governmental units. 

See Attorney General Opinion. M-60 (1979) (county may contribute to 

zoo); R-1170 (1978) (county may coutract vith city for the operation 

of museum, park or recreational facility); E-413 (1974) (county may 

participate jointly with school district for the construction of a 

swimming pool). It wss pursuant to article 1015c-1 that this office 

concluded in Attorney General Opinion E-127 (1973) that a county could 

contract with a non-profit corporation to use federal revenue sharing 

money for the operation of a recreational facilfty designed for the 

elderly. We said that 

the county may, itself, construct and maintain a 

recreational facility for the use of the public 

and primarily for the use of the aged, under 

reasonable regulations. 

A county may contract with a private entity for the performance 

of these services, so long as contractual and other controls insure 

that an authorized public purpose of the county will be achieved. 

Attorney General Opinion C-334 (1964) (hospital district contracting 

with private hospitals for indigent care). As long as the facility 

about vhich you inquire is open to the public, i.e., ao long as no 

member of the public is precluded from its use notwithstanding that It 

may be primarily designed to assist the elderly, we believe the county 

might contract with it. 

If the senior service facility is designed to provide medical or 

health care, we believe that the county would have the authority to 

contract with it pursuant to article 441gf, which provides in part as 

follows: 

The Conmissioners Court of any County shall 

have the authority to appropriate and expend money 

from the general revenues of its County for and in 

behalf of public health and sanitation within its 

County. 

Cf. art. 5547-201 (MHMR center). 

- 

Counties also have the responsibility to “provide for the support 

of paupers . . . who are unable to support themselves.” V.T.C.S. art. 

2351. See also art. 4430, V.T.C.S., (county responsibility for 

hospital care of indigent sick). In Attorney General Opinion C-246 

(1964) this office concluded that a county could contract for the 

operation of a residential convalescent home for the indigent aged as 

permitted by article 2351. 

p. 434 
1 - Hr. Winnie 1. Gibrou - Page 3 (~?4-103) 

However. a county does not have the authority to provide for the 

general assistance of elderly residents. Such assistance may be 

provided only if the county is pursuing its authority to provide 

recreational areas, health care, or support for the county’s pauperr. 

Any other assistance to elderly people by a county would likely be 

found unconstitutional under the multiple provisions which prohibit 

the giving away of public funds or property In absence of a proper 

public purpose. See Tex. Const. art. III. 152; art. VIII, $3; art. 

XI. i3. State v.xy of Austin. 331 S.W.2d 737 (Tu. 1960); Attorney 

General Opinion m-22 (1979) (state may not pay utility bills for 

needy aged individuals). 

In Attorney General Opinion R-1244 (1978) this office concluded 

that a county was not authorized to provide daycare services for 

children generally. Similarly, It was found in Attorney General 

Opinion H-1189 (1978) that there was “no statute authorizing the 

commissioners court to provide day care for all children in the 

county.” We believe that these two opinions would apply to 

individuals on the other end of the age spectrum and would prohibit a 

county from providing a comparable facility for the elderly, A county 

may. however, provide recreational facilities for the elderly so long 

as it is not to the exclusion of other county residents. Although 

there are many provisions of state law which confer certain privileges 

and benefits upon the elderly, there is simply no statutory authority 

for a county to provide services generally to elderly individuals. A 

county’s authority is limited to the provision of recreational 

facilities, health care, and support for the poor. It is only in 

pursuit of these statutory provisions that Somervell County vould be 

empowered to contract for the operation of a “Senior Service Center.” 

Of course, a county may not gratuitously grant public funds to a 

private entity for any purpose. 

SUMMARY 

Somervell County may contract for the operatfon 

of a center for the aged for recreational, health, 

or indigent support purposes if contractual and 

other controls insure that a public purpose vi11 

be achieved. 

JIM HATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

D. 435 
nr. Winnie F. Gibew - Page 4 (Jn-103) 

. 

? 

DAVID R. RICIURDS 

Rxocutive Aesirtant Attorney General 

Prepered by David Brouka 

Arrietant Attorney General 

APPROVRD: 

OPIIION COlM’ITEE 

Rick Gilpin. Chairman 

Jon Bible 

David Brooks 

Colin Carl 

Susan Garrisw 

Jim Moellinger 

Nancy Sutton 

Bruce Youngblood 

p. 436