Texas Attorney General Opinion: GA-0229 Page: 8 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 8
"any elected official .., to enter into a binding contract with the [USMS] to house federal prisoners
in the county jail").
As we have discussed, in the absence of a statute authorizing another county official to enter
into a contract,5 the commissioners court has the sole authority to enter into contracts binding the
county. See supra p. 3. Moreover, individual commissioners court members have no authority to
bind the county by their separate action; only an action taken by the commissioners court acting as
an official body can bind the county. See Canales v. Laughlin, 214 S.W.2d 451, 455 (Tex. 1948);
Gano v. Palo Pinto County, 8 S.W. 634, 635 (Tex. 1888). 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. See, e.g., Stratton v. County ofLiberty, 582 S.W.2d
252, 254 (Tex. Civ. App.-Beaumont 1979, writ ref'd n.r.e.); Wilson v. County of Calhoun, 489
S.W.2d 393, 397 (Tex. Civ. App-Corpus Christi, 1972, writ ref d n. r.e.); Morrison v. Kohler, 207
S.W.2d 951, 954 (Tex. Civ. App.-Beaumont 1947, writ ref d n.r.e.).
B. Authority to Accept Federal Surplus Property for the County
Next, you ask about the authority of the sheriff to accept federal surplus property
pursuant to the USMS contract. See Request Letter, supra note 1, at 1 (question 2). We note that
chapter 2175 of the Government Code designates the Texas Building and Procurement Commission
as the state agency to dispose of federal surplus property pursuant to a program under 40 U.S.C.
549. See TEX. GOV'T CODE ANN. 2175.361-.367 (Vernon 2000 & Supp. 2004). Because your
letter indicates that the USMS rather than the Texas Building and Procurement Commission
transferred the property, we do not address chapter 2175.
You have not identified the federal statute or regulations pursuant to which the USMS
transferred the property.6 Nor have we located any federal statute or regulation governing which
5For statutes that authorize individual county officials other than the sheriffto execute contracts, see, e.g., TEX.
Loc. Gov'T CODE ANN. 262.011(d) (Vernon Supp. 2004) ("The county purchasing agent shall purchase all supplies,
materials, and equipment required or used, and contract for all repairs to property used, by the county or a subdivision,
officer, or employee of the county, except purchases and contracts required by law to be made on competitive bid. A
person other than the county purchasing agent may not make the purchase of the supplies, materials, or equipment or
make the contract for repairs."), 263.001(a) (Vernon 1999) ("The commissioners court of a county, by an order entered
in its minutes, may appoint a commissioner to sell or lease real property owned by the county. The sale or lease must
be made at a public auction held in accordance with this section unless this chapter provides otherwise."), (c) "(If the
real property is sold, a deed that is made on behalf of the county by the appointed commissioner in conformance with
the order entered under Subsection (a) and that is properly acknowledged, proved, and recorded is sufficient to convey
the county's interest in the property."), 411.006(b) ("If the commissioners court determines that a seawall right-of-way
should be donated, the county judge may convey the property in accordance with the order of the commissioners court.").
6For example, federal law generally provides that "the Administrator of General Services shall supervise and
direct the disposition of surplus property in accordance with this subtitle." 40 U.S.C. 541 (2000). "An executive
agency designated or authorized by the Administrator of General Services to dispose of surplus property may do so by
sale, exchange, lease, permit, or transfer, for cash, credit, or other property, with or without warranty, on terms and
conditions that the Administrator considers proper. The agency may execute documents to transfer title or other interest
in the property and may take other action it considers necessary or proper to dispose of the property under this chapter."
(continued...)(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/m1/8/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.