Honorable Joe Resweber Opinion No. W-1415 

County Attorney 

Harris County Re: Legality of lease contract 

Houston, Texas between Harris County and 

Houston Sports Association, 

Inc., together with proposed 

Dear Mr. Resweber: supplemental contract. 

Your request for an opinion on the above subject 

matter reads as follows: 

"On May 30, 1961,'in the captioned 

opinion, you approved the contract between 

the County of Harris and Houston Sports Association, Inc., a copy of which has heretofore been furnished. 

"Presently, a proposed supplement to 

this contract, together with certain allied 

agreements, are under consideration by the 

Commissioners Court of Harris County. This 

office has prepared the attached opinion on 

these instruments which are also enclosed. 

This opinion was limited as set forth therein by the request of the Commissioners Court. 

"We hereby request that you review the 

original lease contract in connection wlth 

the attached instruments and render your opinion on the legality thereof. The Commissioners 

Court feels that there is a great urgency concerning this and therefore anything that can 

be done to expedite your opinion will be greatly appreciated." 

In Attorney General's Opinion WW-1074 this office 

upheld the validity of a lease contract entered into by and 

between the County of Harris and Houston Sports Association, 

Inc., stating: 

f1 

. . . it is our opinion that the 

construction of the stadium in question Is 

a proper park usage and Is within the author- 
Honorable Joe Resweber, page 2 (WW-1415) 

ity of the Commissioners1 Court of Harris 

County, pursuant to the provisions of Articles 

608le and 607ge, Vernon's Civil Statutes." 

ww-1074: 

It was further held in Attorney General's Opinion 

"The contract in question does not 

seek to have the County become a subscriber 

to the capital stock of any private corporation nor to make any appropriation or donation 

to any private corporation nor otherwise loan 

its credit. On the contrary, the County of 

Harris is receiving a valuable consideration 

from the Houston Sports Association and the 

Houston Sports Association is obligated to 

carry out the public purpose heretofore stated. 

It Is, therefore, our opinion that the contract 

in question does not violate the provisions of 

Section 3 of Article XI of the Constitution of 

Texas." 

An examination of the instruments attached to your 

request reveals that these instruments will in nowise 

change the purpose of the original contract as outlined 

above, nor lend the credit of the County to any private 

corporation. You are therefore advised that we agree with 

you that the Commissioners I Court of Harris County is 

authorized to enter into such agreements. For a discussion 

of authorities on this question see Attorney General's 

Opinion ~~-1074 (1961). 

SUMMARY 

The Commissioners' Court of 

Harris County Is authorized to enter into 

the proposed supplement to Lease and Escrow Agreement relating to the lease contract executed by the County of Harris 

and the Houston Sports Association, Inc., 
Honorable Joe Resweber, page 3. (w-1415) 

the validity of which was sustained in 

Attorney General's Opinion WW-1074. 

Yours very truly, 

WILL WILSON 

Attorney General of Texas 

JR:ms:zt 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Cecil Rotsch 

Henry Braswell 

Pat Bailey 

REVIJUED FOR THE ATTORNEY GENERAL 

BY: Leonard Passmore