Texas Attorney General Opinion: GA-0229 Page: 13 of 14
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The Honorable Matt Bingham - Page 13
SUMMARY
In the absence of a statute authorizing another county official
to enter into a contract, the commissioners court has the sole authority
to enter into contracts binding the county. Section 351.043 of the
Local Government Code does not authorize a county sheriff to
contract to house federal prisoners in the county jail.
Generally, a contract made by a county is valid and binding
only if made under the authority of a resolution or order duly passed
at a meeting of the commissioners court and entered in the minutes.
Under state law, a county sheriff is not authorized to contract
for or to accept federal surplus property as consideration for housing
federal prisoners in the county jail. In the absence of a controlling
federal statute, title to any personal property paid by the federal
government as consideration for housing federal prisoners in the
county jail would vest in the county rather than the sheriff, the jail, or
the sheriffs department.
Section 81.032 of the Local Government Code generally
authorizes the commissioners court of a county to accept donations
on behalf of the county and would authorize a commissioners court
to accept a donation of property to be used by the sheriff in
performing that office's statutory functions.
Generally, in the absence of a controlling federal statute,
federal surplus property paid to the county as consideration for
housing federal prisoners in the county jail would be included in
county inventory and disposed of like any other county property.
Even if title has not been transferred to the county or the county must
obtain federal agency approval before disposing of the property,
federal surplus property received by a county officer for county use
would be included in county inventory. While section 263.152 of the
Local Government Code generally authorizes a commissioners court
to sell, trade in, donate, destroy or otherwise dispose of county
salvage or surplus personal property, the authority to donate, sell,
trade, or destroy particular county property would need to be resolved
on a case-by-case basis.
Very truly yours,
7 REWa A B OTT
Attorf eneral of Texas(GA-0229)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0229, text, August 9, 2004; (https://texashistory.unt.edu/ark:/67531/metapth275125/m1/13/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.