Hon. Joe Shannon

Chairman, House Committee on Counties House of Representatives Capitol Building Austin, Texas Opinion No.M-759 Re: Construction ofArticle 2352f. Vernon's Civil Statutes, relating to state association of counties. Dear Mr. Shannon: Your request for an opinion concerns the construction of Article 2352f, Vernon's Civil Statutes, having to dowith the payment ofmembership fees and dues to anonprofit state organization of counties, and in connection therewith you have asked the following questions:

"1. Does a county auditor inTexas have authority to refuse to include in a county budget money for thepayment of these dues when specifically requested to do soby amajority of the commissioners court? "2. Does a county auditor have authority to refuse to authorize payment of said dues if the item has been included in thebudget?" Article 2352f, Vernon's Civil Statutes, provides: "Section 1. The commissioners court of each county within the state is authorized to approve the expenditure of county funds from the general fund formembership fees and dues assessed by a nonprofit state association or organization of counties if:

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Hon. Joe Shannon, page 2 (M-759)

"(1) themembership in such association is approved by majority vote'of the commissioners court; "(2) such association is established and designed for thebetterment of county government and thebenefit of all county officials; "(3,)the expenditure authorized by this section ismade in the name of the county: "(4) such association isnot affiliated inany way with a labor organization; "(5) such association or any employee thereof, does not inanyway, directly or indirectly, influence or attempt to influence the outcome of any legislation pending before the Legislature of the State ofTexas; provided, however, that nothing herein shall be construed toprevent any agent, servant, or representative of such association fromproviding information for any member of the Legislature, or from appearing before any committee thereof when requested to do soby said member or committee; and "(6)such association or any employee thereof does not, either directly or indirectly, make any contribution, gift or donation of anymoney, services or other valuable thing to anypolitical campaign or does not endorse any candidate or group of candidates for public office. "Sec. 2. If any association or organization supported inwhole or inpart by taxmoney from a political subdivision engages inany act specified inSubdivision (5)and (6)of Section 1 of thisAct, any taxpayer of apolitical subdivision which pays fees or dues to such association or organization may bring suit toprohibit thepolitical subdivision from making further expenditures to such association or organization and the court uponproof of theviolation of anyprovision hereof shall enjoin any further payments or activity."

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The County Auditor is required under the provisions of Article 1666,Vernon's Civil Statutes, toprepare an estimate of all the revenues and expenses and annually submit it to the Commissioners Court which Court shall carefully make a budget of all appropriations tobe set aside for the various expenses of the county government. See also Article 1666a, Vernon's Civil Statutes. The Legislature has specifically authorized the Commissioners Court of each county to expend county funds for the purposes therein expressed ifthe conditions of Section 1are met. Therefore, you are advised in answer to your first question that ifthe conditions of Section 1ofArticle 2352f,Vernon's Civil Statutes, are met, a County Auditor does not have authority to refuse to include ina county budget money for the expenditure of county funds for suchpurposes. Likewise, in answer toyour second question, a County Auditor does nothave authority to refuse expenditure of county funds for such purposes if the conditions of Section 1 ofArticle 2352f-1 aremet. SUMMARY

Under conditions prescribed by theprovisions ofArticle 2352f,Vernon's Civil Statutes, the Commissioners Court of each county within the State isauthorized to approve the expenditure of county funds for membership fees and dues assessed by anonprofit state association or organization of counties. When the conditions prescribed are met, a County Auditor may not refuse to include such expenditures in the county budget nor refuse the payment of said dues. Yo very trul_y,

CRAWF C.MARTIN Attor y General of Texas

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Prepared by John Reeves Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman Jay Floyd W. 0. Shultz Bob Lattimore Milton Richardson
MEADE F. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant

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