JIMMATTOX AttorneyGeneral 

# TheAttorney General ofTexas
December 29. 1983

Suprema couliEUlldlng P.0. BOX12545 AU~wt.TX. 79711.2545 512l475.2501 Telex 9101874.13S7 Telecopier 51214750255 Mr.Winnie P. Gibson Somervell County Auditor P. 0. Box612 Glen Rose. Texas 76043 Opinion No. m-103 Re: Use of county funds for operation of senior service center

714Jackeon, Suite700 Dallas,TX. 75202.4505 2W742.5944 Dear Ms.Gibson: Youhave requested our opinion onthe following question:

4S24AlbertaAve.,Suite150 ElPaso,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.
,901TWPII.Suite700 HOUSTON,

TX.77002.3111 71312235556 You have not stated the purpose or nature of the Senior Service Center, but for purposes of this opinion wewill assume that it offers social andrecreational programs designed for the enjoyment of elderly people. 5w eroaeway. Sultr312 Lubbock,TX.79401-5479 SOW747.5239

4309N.Tenth.SuiteB MeAllen.TX.79501-1595 5121552.4547

200MainPlaza.Sub 4w SanAntonio.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 acounty

=Y establish. provide, acquire. meintain, construct, equip, operate, and supervise recreational facilities and programs, either singly or jointly In cooperation with one (1) or moreother governmental units. Article 6081t. section 2, V.T.C.S., AnEqualOpportunity/ permits sny political subdivision
Allirmatlve ActionEmployer to enter into ajoint 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. 433Ms.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 maycoutract 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 acounty could contract with anon-profit corporation to use federal revenue sharing money for the operation of a recreational facilfty designed for the elderly. Wesaid 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. Acounty 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 memberof the public is precluded fromits use notwithstanding that It maybe primarily designed to assist the elderly, webelieve 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 fromthe 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 . . .whoare 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 homefor the indigent aged as permitted byarticle 2351.

p. 4341 - Hr. Winnie 1. Gibrou - Page 3 (~?4-103)

However. acounty 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 onthe other end of the age spectrum andwould prohibit a county fromproviding acomparable facility for the elderly, Acounty may. however, provide recreational facilities for the elderly so long as it is not to the exclusion of other county residents. Although there are manyprovisions of state lawwhich confer certain privileges and benefits upon the elderly, there is simply nostatutory 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 anypurpose. SUMMARY Somervell County maycontract for the operatfon of acenter 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. 435nr. Winnie F. Gibew - Page 4 (Jn-103)

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? DAVIDR. RICIURDS Rxocutive Aesirtant Attorney General Prepered byDavid Brouka Arrietant Attorney General APPROVRD: OPIIIONCOlM’ITEE
Rick Gilpin. Chairman JonBible David Brooks Colin Carl Susan Garrisw JimMoellinger NancySutton Bruce Youngblood

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