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.IIPl RlATTOX July 31, 1990 

ATTO~XEZY OESEHAI. 

Honorable Charles S. Brack Opinion No. JM-1199 

Chambers County Attorney 

P. 0. Box 1200 Re: Authority of county to 

Anahuac, Texas 77514 donate money, property, or 

services to nonprofit corporations that conduct local 

festivals (RQ-1911) 

Dear Mr. Brack: 

You ask whether Chambers County may donate money, 

property, or services to local, nonprofit corporations that 

conduct annual festivals in the county. The Texas Rice 

Festival and the Texas Salt Dome Festival promote local 

products and businesses. They each conduct an annual 

festival that includes concerts, carnivals for children, 

food booths, and other exhibits and programs. The Anahuac 

Area Chamber of Commerce, which promotes Anahuac and 

surrounding areas, also holds a similar festival. From time 

to time, these entities have asked the county for donations 

of money, property, and services provided through countypaid employees. 

Article III, section 52, and article XI, section 3, of 

the Texas Constitution prohibit a county from donating 

money or any other thing of value to a corporation. Kev v. 

Commissioners Court of Marion C o unt Y , 727 S.W.2d 667 (Tex. 

APP. - Texarkana 1987,. no writ); mdus v. Citv of Garland, 

561 S.W.Zd 260 (Tex. Civ. App. - Tyler 1978, writ ref'd 

n.r.e.). Public funds may be spent only for a public 

purpose. Youns v. Citv of Houston, 756 S.W.2d 813 (Tex. 

APP- - Houston [lst Dist.] 1988, writ denied); see senerallv 

State v. Citv of Austin, 331 S.W.2d 737 (Tex. 1960). 

Adequate controls, contractual or otherwise, must govern a 

transaction between a county and a private entity to insure 

that the public purpose is accomplished. Key v. 

Commissioners Court of Marion County, w, at 669. 

In Kordus v. Citv of Garland, the court held that a 

taxpayer could enjoin a city's illegal donation of public 

funds to a chamber of commerce. The decision cited Attorney 

General Opinion H-397 (1974), which held that article III, 

section 52, of the Texas Constitution prohibited the legislature from authorizing a county to become a dues-paying 

P. 6338 
Honorable Charles S. Brack - Page 2 (JM-1199) 

member of a chamber of commerce. Based on these authorities, we conclude that you may not make unconditional 

grants of money, property, or any "thing of value" to the 

entities in question. 

You suggest that the county could provide fencing, 

portable toilets, police protection and other things 

necessary for the health and safety of the people who attend 

the festivals. You state that supplying such services and 

things of value would not be contributions by the county to 

the corporations, but would fall within the police powers of 

the county. 

The commissioners court of a county has no general 

police power, such as that possessed by the state and many 

municipalities. Travis Countv v. Colunaa, 753 S.W.2d 716 

(Tex. App. - Austin 1988, writ denied): Commissioners' Court 

of rris Ha 23 S.W.2d 840 (Tex. Civ. App. - 

Galveston 1929, writ ref'd). The commissioners court has 

the powers expressly conferred upon it by the constitution 

and the legislature, as well as the implied powers necessary 

to exercise powers expressly conferred. Canales 

L mn, 214 S.W.2d 451 (Tex. 1948). Any expenditures zf 

county funds made in connection with the festivals must be 

based on statutory or constitutional authority. 

Section 122.001 of the Health and Safety Code provides 

that the commissioners court of a county may appropriate and 

spend money from the county general revenues for public 

health and sanitation in the county. Thus, the county has 

discretion to make expenditures for public health and 

sanitation needs that arise in connection with the proposed 

festivals. Whether an expenditure for a particular purpose 

is within the authority granted by section 122.001 depends 

on the surrounding facts and circumstances. You have 

provided no facts, such as whether this event will be 

held in a county park. The commissioners court may make 

reasonable decisions under section 122.001 to spend county 

funds to protect the public health, subject to judicial 

review for abuse of discretion. 

Sheriffs and their deputies are peace officers, and it 

is their duty to preserve the peace within their jurisdiction. Code Crim. Proc. arts. 2.12, 2.13. The sheriff's 

decisions as to the deployment of law enforcement officers 

within the county are left to his discretion and judgment, 

since this matter is not specifically prescribed by law. 

Weber v. Citv of Sachse, 591 S.W.2d 563, 567 (Tex. Civ. App. 

- Dallas 1979, no writ). The decision to assign a number of 

law enforcement officers to an area where a large number of 

persons are gathered for a festival is a matter for the 

sheriff's discretion, subject to judicial review for abuse 

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Honorable Charles S. Brack - Page 3 (JM-1199) 

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of discretion. &; See crem Local Gov't Code 5 85.004 

(appointment of reserve deputies to serve when additional 

officers needed): Attorney General Opinion H-1002 (1977). 

You next ask whether Chambers County may participate 

with the Texas A & M Agricultural Extension Service by 

providing money, property, or services in sponsoring a youth 

program called "Chambers County Youth Project Show," which' 

is similar to 'a livestock show. Chambers County sponsors 

the show and budgets the expenditures. The extension 

service handles the operation of the show through volunteer 

committees of parents and other interested persons. 

Section 319.001 of the Local Government Code authorizes 

the commissioners court of a county to provide for annual 

exhibits of "horticultural, agricultural, livestock, 

mineral, and other products" that are of interest to the 

community. Section 332.002 of the code authorizes a county 

to establish and supervise recreational facilities and 

programs. These statutes authorize a county to provide 

recreational programs for youth, including a livestock show. 

In Attorney General Opinion H-127 (1973) this office 

determined that a county could use federal revenue sharing 

funds to contract with a nonprofit corporation to provide a 

recreation facility for the aged. In our opinion, Chambers 

County may cooperate with and receive voluntary services 

from the Agricultural Extension Service of Texas A 8 M 

University to assist it in operating the show, but it must 

retain sufficient control of the project to ensure that 

funds budget~ed by the county are used for the legislatively 

authorized purposes. 

SUMMARY 

A county may not donate money to a chamber 

of commerce or a similar private corporation to fund festivals that promote local 

businesses and products. Where a county has 

statutory authority to spend county funds to 

protect public health, sanitation, and 

safety, it may do so when the need for such 

protection arises out of a festival held by a 

private corporation. A county has statutory 

authority to hold livestock shows and provide 

for recreation for youth. , 

Very truly you -i/-b . 

JIM MATTOX 

Attorney General of Texas 

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Honorable Charles S. Brack - Page 4 (JM-1199) 

MARY KELLER 

First Assistant Attorney General 

Lou MCCREARY 

Executive Assistant Attorney General 

JUDGE ZOLLIE STEAXLEY 

Special Assistant Attorney General 

RENEA HICKS 

Special Assistant Attorney General 

RICK GILPIN 

Chairman, Opinion Committee 

Prepared by Susan L. Garrison 

Assistant Attorney General 

p. 6341