Texas Attorney General Opinion: GA-0229 Page: 11 of 14
14 p.View a full description of this text.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
The Honorable Matt Bingham - Page 11
8-9, we do not reach the question whether section 81.032 of the Local Government Code applies to
federal surplus property transferred to a county as something other than consideration. We also note
that to the extent there is any dispute regarding whether the USMS transferred the property to the
county as consideration for services performed by the county pursuant to a contract, resolution ofthat
issue would involve questions of fact and would be beyond the purview of an attorney general
opinion. See Tex. Att'y Gen. Op. Nos. GA-0078 (2003) at 2 (stating that this office does not
construe particular contracts), GA-0003 (2002) at 1 (stating that the opinion process does not
determine facts).
D. Authority to Dispose of County Property
With respect to the USMS contract, you ask "[w]ho may dispose of surplus items
provided to a county agency by the federal government and must they be included in county
inventory?" Request Letter, supra note 1, at 1 (question 3). In your request letter, you inform us that
the USMS provides two kinds of surplus property: accountable property for which USMS approval
is required prior to disposal by the grantee and non-accountable property, which "is fully disposable
upon transfer to the agency." Id. at 13. In the absence of a controlling federal statute, title to surplus
property paid as consideration for housing federal prisoners in the county jail would vest in the
county rather than the sheriff, the sheriff s department, or the jail. See Part II.B, supra p. 8. We see
no reason why such property would not be included in county inventory or disposed of like any other
county property, provided that the property has been used by the county as required by any applicable
federal law or transfer term. See generally TEX. Loc. Gov'T CODE ANN. 112.005(a) (Vernon
1999) (requiring a county auditor to "maintain an account for each county, district, or state officer
authorized or required by law to receive or collect money or other property that is intended for the
use of the county or that belongs to the county"), 262.011 (i) (Vernon Supp. 2004) (requiring a county
purchasing agent to file "an inventory of all the property on hand and belonging to the county and
each subdivision, officer, and employee of the county. The county auditor shall carefully examine
the inventory and make an accounting for all property purchased or previously inventoried and not
appearing in the inventory."); see also note 6, supra p. 8. Moreover, even if title has not been
transferred to the county or the county must obtain USMS approval before disposing of the property,
federal surplus property received by a county officer for county use would be included in county
inventory. See, e.g., TEX. Loc. Gov'T CODE ANN. 112.005(a) (Vernon 1999) (requiring a county
auditor to "maintain an account for each county, district, or state officer authorized or required by
law to receive or collect money or other property that is intendedfor the use of the county or that
belongs to the county") (emphasis added), 112.006(a) ("The county auditor has general oversight of
the books and records of a county, district, or state officer authorized or required by law to receive
or collect money or other property that is intendedfor the use of the county or that belongs to the
county.") (emphasis added).
In a related but more general question, you ask, "Does the Smith County Sheriff, or any
elected official, have the authority to donate, sell, trade or destroy County property without the
approval of the Commissioners Court?" Supplemental Request Letter, supra note 1, at 1 (question
2). It is difficult for this office to answer such a broad question. We note, however, that Local
Government Code provisions governing the sale or donation of county personal property generally(GA-0229)
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0229, text, August 9, 2004; (https://texashistory.unt.edu/ark:/67531/metapth275125/m1/11/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.