Untitled Texas Attorney General Opinion ( 1981 )

The Attorney General of Texas April 27, 1981 ARKWHITE norneyGeneral Honorable Tom O’Connell Opinion No. NW-329 Criminal District Attorney Collln County Courthouse Re: County contribution to non- McKinney, Texas 75069 profit corporation organized to help the handicapped Dear Mr. O’Connell: You ask the following question: May a county make a capital contribution to a non-profit corporation organized for’ the purpose of training handicapped adults to acquire job skills for the construction of a building? ? The funds at issue are federal revenue sharing funds. A local government is required to spend these funds “in accordance with the laws and procedures applicable to the expenditure of its own revenues.” 31 U.S.C. S1243(al(4). The commissioners court has only those powers that the eonstitution and statutes have conferred upon it. Canales v. Laughlin, 214 SW. 2d 451 (Tex. 1948X We:find no statutory authority for the county to provide assistance to handicapped adults In the manner described. If it did have ,‘8 authority to provide such services itself, it could use revenue sharing funds to provide the services by contract with a private non-profit corporation. See - Attorney General Opinion H-127 (1973). However, in the absence of statutory authorization to provide such services, the capital contribution to the non-profit corporation would constitute a donation of public funds to a private corporation In violation of article III, section 52 and article XI, section 3 of the Texas Constitution. e Attorney General Opinions H-1189 (1978); H-520 (1975); M-661 (19701. Therefore, a county may not make such a contribution. SUMMARY A county lacks authority to make a capital contribution to a non-profit corporation organized for the purpose of training handicapped adults to acquire job skills. p. 1059 Honorable Tom O’Connell - Page TWO (xw-329) MA%K WHITE Attorney General of Texas JOHN W. FAINTER, JR. First Assistant Attorney General RICHARD E. GRAY III Executive Assistant Attorney General Prepared by Susan L. Garrison Assistant Attorney General APPROVED: OPINION COMMlTTEE i Susan L. Garrison, ChaPman Jon Bible Lucius Bunton Rick Gilpin Bruce Youngblood i p, 1060