Who controlled money and property donated to or raised by a county historical commission, and could the commission keep its own bank account?
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This page answers the general question as of 1983. Ezel answers yours: what it means for your facts, under current Texas law, with citations.
Texas AG Opinion JM-71: County Historical Commission Funds and Property
Plain-English summary
JM-71 concluded that a county historical commission acted as the county's agent, so its property and money were county property and county funds. Money donated to or raised by the commission, including interest, had to be deposited with the county treasurer rather than kept in a separate commission bank account.
"It is our opinion that a county historical commission acts as an agent of the county and all of its property and funds are county funds, including interest, which must be deposited with the county treasurer."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf"Therefore, the county historical commission is not authorized to maintain its own bank account for money received from fund raising events but must deposit the same with the county treasurer."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
The commissioners court had exclusive authority to accept real property donated to the historical commission and to approve its later sale or other disposition.
"Furthermore, the county commissioners court has exclusive authority to approve the acceptance of real property donated to the county historical commission and of its subsequent disposition."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf"It follows that the commissioners court must approve the sale or other disposition of such real property."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Currency note
This opinion was issued in 1983. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.
Common questions
Did donated money have to go to the county treasurer?
Yes. JM-71 treated all money received by the commission's employees or agents as county money that had to be deposited with the treasurer.
"Any funds, earned or donated, including interest, which come into the possession of employees or agents of a county historical commission must be deposited with the county treasurer."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Could the historical commission maintain its own fundraising bank account?
No. Fundraising proceeds were subject to the same deposit requirement.
"Therefore, the county historical commission is not authorized to maintain its own bank account for money received from fund raising events but must deposit the same with the county treasurer."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Who had authority to accept donated real estate?
The commissioners court. Because the county could act only through that court, the court had to accept the property before the donation took effect.
"Since article 6081e, quoted above, permits a county to acquire donated historical properties and since a county acts only through its commissioners court, it is our opinion that real property donated to a county historical commission must be accepted by the commissioners court before such donation takes effect."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Who could sell or otherwise dispose of donated real property?
The commissioners court had to approve the disposition.
"It follows that the commissioners court must approve the sale or other disposition of such real property."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
What happened to interest earned on commission funds?
Interest followed the principal and had to be used and managed in the same way.
"Any interest earned on such funds follows the principal and must be used and managed in the same manner required for the principal."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Could the historical commission independently acquire property?
JM-71 described the commission's statutory role as making recommendations to the commissioners court about acquiring historically significant real and personal property.
"A county historical commission is authorized only to make recommendations to the commissioners court concerning the acquisition of real and personal property of historical significance."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Background and statutory framework
The Texas Historical Commission's executive director asked four questions about donated funds, real estate, fundraising accounts, and interest earned by a county historical commission.
"You have requested our opinion concerning the disposition of funds and property which have been raised by or donated to a county historical commission."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
The governing historical-commission law allowed a commissioners court to create a county historical commission, required an annual report, and directed the commission to identify historical features and report the information to the court.
"A county commissioners court may, if it so desires, create and appoint the members of a county historical commission for the purpose of implementing such programs of a local historical nature as may be 'suggested' by the commissioners court and the Texas Historical Commission."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Article 1709 characterized the treasurer as the chief custodian of county finances and directed the treasurer to receive county money from every source.
"The County Treasurer, as chief custodian of county finance, shall receive all moneys belonging to the county from whatever source they may be derived; keep and account for the same in a designated depository or depositories."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Holding
"The acquisition and control of the property and finances of a county historical commission is an authority to be exercised by the county commissioners court. Donated property must be approved by the commissioners court and any funds realized by the commission must be deposited with the county treasurer."
Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Citations and references
Statutes discussed by JM-71:
- "article 6145.1, V.T.C.S." Official PDF
- "article 6081e, section 1, V.T.C.S." Official PDF
- "article 1577, V.T.C.S." Official PDF
- "article 1709, V.T.C.S." Official PDF
- "article 1709a, V.T.C.S." Official PDF
Case cited by JM-71:
- "Sellers v. Harris County, 483 S.W.2d 242 (Tex. 1972)" Official PDF
Source
- Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0071
- Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1983/jm0071.pdf
Original opinion text
Best-effort transcription from a scanned PDF. Minor errors may remain. The linked PDF is authoritative.
The Attorney General of Texas
JIM MATTOX
Attorney General
September 19, 1983
Mr. Curtis Tunnell
Executive Director
Texas Historical Commission
P. O. Box 12276
Austin, Texas 78711
Opinion No. JM-71
Re: Handling of funds acquired by county historical commission through donations or fund raising activities
Dear Mr. Tunnell:
You have requested our opinion concerning the disposition of funds and property which have been raised by or donated to a county historical commission. You have asked the following questions:
Must donated funds be deposited with the county treasurer?
Must the county commissioners court approve both the acceptance and subsequent disposition of donated real estate?
Whether the county historical commission may maintain a separate bank account for money collected from fund raising events and whether the commission is required to report to the county treasurer of the use of such funds.
Whether any interest earned on county historical commission funds, whether donated or earned, must be deposited with the county treasurer.
It is our opinion that a county historical commission acts as an agent of the county and all of its property and funds are county funds, including interest, which must be deposited with the county treasurer. Furthermore, the county commissioners court has exclusive authority to approve the acceptance of real property donated to the county historical commission and of its subsequent disposition.
A county commissioners court may, if it so desires, create and appoint the members of a county historical commission for the purpose of implementing such programs of a local historical nature as may be "suggested" by the commissioners court and the Texas Historical Commission. V.T.C.S. art. 6145.1(a). The county historical commission is required to meet at least annually and must prepare an annual report reflecting its activities and recommendations to the commissioners court. Id. at (b). The commission is required to "determine the existence of historical buildings and other historical sites, private collections of historical memorabilia, or other historical features within the county, and shall report the data collected to the Commissioners Court." Id. at (c).
Article 6081e, section 1, V.T.C.S., provides that
[A]ny county . . . may acquire by gift, devise, or purchase or by condemnation proceedings, lands and buildings, to be used for . . . historical museums, or lands upon which are located historic buildings, sites, or landmarks of state-wide historical significance . . . or any other archaeological, paleontological, or historical buildings, markers, monuments, or other historical features . . . .
A county historical commission is authorized only to make recommendations to the commissioners court concerning the acquisition of real and personal property of historical significance. V.T.C.S. art. 6145.1(e). Since article 6081e, quoted above, permits a county to acquire donated historical properties and since a county acts only through its commissioners court, it is our opinion that real property donated to a county historical commission must be accepted by the commissioners court before such donation takes effect. It follows that the commissioners court must approve the sale or other disposition of such real property. See V.T.C.S. art. 1577 (sale or lease of county real estate).
Any funds, earned or donated, including interest, which come into the possession of employees or agents of a county historical commission must be deposited with the county treasurer.
Article 1709, V.T.C.S., provides that
[T]he County Treasurer, as chief custodian of county finance, shall receive all moneys belonging to the county from whatever source they may be derived; keep and account for the same in a designated depository or depositories.
See also V.T.C.S. art. 1709a (manner of making deposits with county treasurer). Therefore, the county historical commission is not authorized to maintain its own bank account for money received from fund raising events but must deposit the same with the county treasurer. Any interest earned on such funds follows the principal and must be used and managed in the same manner required for the principal. See Sellers v. Harris County, 483 S.W.2d 242 (Tex. 1972).
SUMMARY
The acquisition and control of the property and finances of a county historical commission is an authority to be exercised by the county commissioners court. Donated property must be approved by the commissioners court and any funds realized by the commission must be deposited with the county treasurer.
Very truly yours,
JIM MATTOX
Attorney General of Texas
TOM GREEN
First Assistant Attorney General
DAVID R. RICHARDS
Executive Assistant Attorney General
Prepared by David Brooks
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Rick Gilpin, Chairman
Jon Bible
David Brooks
Colin Carl
Jim Moellinger
Nancy Sutton
Bruce Youngblood
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