Texas Attorney General Opinion: GA-0613 Page: 3 of 9
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Mr. Kenneth Magidson - Page 3
purchase, condemnation, or any other method, real property" in another county for a juvenile
detention facility. See id. (emphasis added). A prior opinion of this office construed statutory
language authorizing a commissioners court to "purchase, construct, ... or otherwise acquire"
buildings as authorizing a county to acquire a building by leasing it. See Tex. Att'y Gen. Op. No.
MW-357 (1981) at 4 (construing former article 2730b, section 1, Revised Civil Statutes,4 adopted
by Act of May 19, 1977, 65th Leg., R.S., ch. 634, 1, 1977 Tex. Gen. Laws 1619). We conclude
that the Harris County Commissioners Court has implied authority to lease real property for a
juvenile detention facility located in another county under its section 63.017(a) authority to "acquire,
through gift, purchase, condemnation, or any other method, real property" in another county for
that purpose, subject to the conditions stated in section 63.017(a). TEX. HUM. RES. CODE ANN.
63.017(a) (Vernon 2001); see Canales, 214 S.W.2d at 453 (implied powers of the commissioners
court flow from an express grant of authority).
Two prior opinions of this office determined that a county could not lease real estate for
county offices or for an airport absent express statutory authority. See Tex. Att'y Gen. Op. Nos.
M-1166 (1972) (county has no statutory authority to lease space outside the county seat to provide
a branch county office),5 0-4972 (1942) (former article 1269h, Revised Civil Statutes,6 did not
expressly authorize county to lease real estate for airport). The statutes at issue in Attorney General
Opinions 0-4972 and M-1166, unlike Human Resources Code section 63.017(a), did not authorize
counties to acquire real property "through gift, purchase, condemnation, or any other method." TEX.
HUM. RES. CODE ANN. 63.017(a) (Vernon 2001) (emphasis added). Accordingly, the reasoning
of these opinions is not relevant to the construction of Human Resources Code section 63.017(a).
It was also asked whether "the Harris County District Attorney's expenditure of asset
forfeiture funds to purchase or lease a juvenile detention facility constitute[s] use of those funds in
furtherance of an 'official purpose of his office' under article 59.06(c)(1) of the Code of Criminal
Procedure[?]" Request Letter, supra note 1, at 1.
Chapter 59 of the Code of Criminal Procedure relates to the forfeiture of "contraband,"
defined as property used in the commission of certain criminal offenses. See TEX. CODE CRIM.
PROC. ANN. ch. 59 (Vernon 2006 & Supp. 2007); id. art. 59.01(2) (Vernon Supp. 2007). Forfeited
property is in general "administered by the attorney representing the state, acting as the agent of the
state, in accordance with accepted accounting practices and with the provisions of any local
4This provision was codified as Local Government Code section 292.001 in 1987. See Act of May 1, 1987,
70th Leg., R.S., ch. 149, 1, 1987 Tex. Gen. Laws 707, 1072. An amendment adopted in 2001 expressly authorized
the commissioners court to "purchase, construct, or provide [buildings] by other means, including a lease or a lease with
an option to purchase." Act of May 27, 2001, 77th Leg., R.S., ch. 1409, 6, 2001 Tex. Gen. Laws 3619, 3629.
5Attorney General Opinion M-1166 (1972) discussed former articles 1605 and 1605a-3 of the Revised Civil
Statutes. See Act of Mar. 4, 1953, 53d Leg., R.S., ch. 39, 1, 1953 Tex. Gen. Laws 49 (article 1605), Act of Apr. 12,
1961, 57th Leg., R.S., ch. 76, 1961 Tex. Gen. Laws 149 (article 1605a-3).
6Act of April 14, 1941, 47th Leg., R.S., ch. 142, 1941 Tex. Gen. Laws 196, 196-98 (authorizing a city or county
to acquire land for an airport by gift, dedication, purchase or condemnation).(GA-0613)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0613, text, April 7, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275509/m1/3/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.