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P .IIPl

RlATTOX July 31, 1990 ATTO~XEZYOESEHAI.

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 tononprofit corporations that conduct local festivals (RQ-1911)

DearMr. 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, foodbooths, 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 ofmoney, 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 ofvalue to acorporation. Kev v. Commissioners Court ofMarion o Y Cunt ,727 S.W.2d 667 (Tex. APP. -Texarkana 1987,.nowrit); 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 [lstDist.] 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 acounty and aprivate entity to insure that the public purpose is accomplished. Key v. Commissioners Court ofMarion County, w, at 669.

InKordus v. Citv of Garland, the court held that a taxpayer could enjoin acity's illegal donation of public funds to achamber 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. 6338Honorable Charles S. Brack -Page 2 (JM-1199)

member of a chamber of commerce. Based on these authorities,we conclude that youmay not make unconditional grants ofmoney, property, orany "thing ofvalue" to the entities inquestion.

You suggest that the county could provide fencing, portable toilets, police protection and other things necessary for the health and safety 

### ofthe people who attend the festivals. You state that supplying such services and things ofvalue would notbe contributions by the county to the corporations, butwould fallwithin 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 ofHa rris 23 S.W.2d 840 (Tex.Civ. App. - Galveston 1929,writ ref'd). The commissioners court has the powers expressly conferred upon itby the constitution and the legislature, aswell as the implied powers necessary to exercise powers expressly conferred. Canales mn, 214 S.W.2d 451 (Tex.1948). Any expenditures zf L county fundsmade inconnection 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 ofacounty may appropriate and spendmoney from the county general revenues for public health and sanitation inthe county. Thus, the county has discretion to make expenditures for public health and sanitation needs that arise inconnection with the proposed festivals. Whether an expenditure foraparticular purpose iswithin the authority granted by section 122.001 depends
on the surrounding facts and circumstances. You have provided no facts, such aswhether this event will be held ina 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 forabuse ofdiscretion.

Sheriffs and their deputies arepeace officers, and it is their duty topreserve 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 tohis 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, nowrit). The decision to assign anumber of lawenforcement officers to an areawhere a large number of persons are gathered for a festival isa matter for the sheriff's discretion, subject to judicial review for abuse

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

P ofdiscretion. &; See crem Local Gov't Code 585.004

(appointment ofreserve 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 ayouth program called "Chambers County Youth Project Show," which' is similar to 'alivestock show. Chambers County sponsors the show and budgets the expenditures. The extension service handles the operation of the show through volunteer committees ofparents and other interested persons.
Section 319.001 of the Local Government Code authorizes the commissioners court ofacounty toprovide 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 foryouth, 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 anonprofit corporation toprovide a recreation facility forthe aged. Inour opinion, Chambers County may cooperate with and receive voluntary services from the Agricultural Extension Service of Texas A 8M University to assist it in operating the show, but it must retain sufficient control of the project to ensure that fundsbudget~edby the county are used for the legislatively authorized purposes.

SUMMARY

A countymay 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, itmay do so when the need for such protection arises out ofa festival held by a private corporation. A county has statutory authority tohold livestock shows and provide forrecreation foryouth. , Very truly you 

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JIM MATTOX Attorney General of Texas

P. 6340Honorable Charles S. Brack -Page 4 (JM-1199)

MARY KELLER FirstAssistant Attorney General

LouMCCREARY 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

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