Hon. Joe Shannon 

Chairman, House Committee 

on Counties 

House of Representatives 

Capitol Building 

Austin, Texas 

Opinion No. M-759 

Re: Construction of Article 

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 do with the 

payment of membership fees and dues to a nonprofit state 

organization of counties, and in connection therewith you have 

asked the following questions: 

"1 . Does a county auditor in Texas have 

authority to refuse to include in a county budget 

money for the payment of these dues when specifically 

requested to do so by a majority 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 the budget?" 

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 for membership fees and dues assessed by a 

nonprofit state association or organization of 

counties if: 

-3710- 
. . 

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

"(1) the membership in such association is 

approved by majority vote'of the commissioners 

court; 

"(2) such association is established and 

designed for the betterment of county government 

and the benefit of all county officials; 

"(3,) the expenditure authorized by this 

section is made in the name of the county: 

"(4) such association is not affiliated in any 

way with a labor organization; 

"(5) such association or any employee thereof, 

does not in any way, directly or indirectly, influence 

or attempt to influence the outcome of any legislation 

pending before the Legislature of the State of Texas; 

provided, however, that nothing herein shall be construed to prevent any agent, servant, or representative 

of such association from providing information for any 

member of the Legislature, or from appearing before 

any committee thereof when requested to do so by 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 any money, services or 

other valuable thing to any political campaign or does 

not endorse any candidate or group of candidates for 

public office. 

"Sec. 2. If any association or organization 

supported in whole or in part by tax money from a 

political subdivision engages in any act specified 

in Subdivision (5) and (6) of Section 1 of this Act, 

any taxpayer of a political subdivision which pays fees 

or dues to such association or organization may bring 

suit to prohibit the political subdivision from 

making further expenditures to such association or 

organization and the court upon proof of the violation 

of any provision hereof shall enjoin any further 

payments or activity." 

-3711- 
, .- . 

Hon. Joe Shannon, page 3 (M-759) 

The County Auditor is required under the provisions of 

Article 1666, Vernon's Civil Statutes, to prepare 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 to be 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 if the conditions of Section 1 are 

met. 

Therefore, you are advised in answer to your first question 

that if the conditions of Section 1 of Article 2352f, Vernon's 

Civil Statutes, are met, a County Auditor does not have 

authority to refuse to include in a county budget money for 

the expenditure of county funds for such purposes. 

Likewise, in answer to your second question, a County Auditor 

does not have authority to refuse expenditure of county funds for 

such purposes if the conditions of Section 1 of Article 2352f-1 

are met. 

SUMMARY 

Under conditions prescribed by the provisions of Article 2352f, Vernon's Civil 

Statutes, the Commissioners Court of each 

county within the State is authorized to 

approve the expenditure of county funds for 

membership fees and dues assessed by a nonprofit 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 

-3712- 
Hon. Joe Shannon, page 4 (M-759) 

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 

-3713-