The above is being touted by a former Co Commissioner from a metropolitan area - and he sold my bunch on it. Simply put, it is a card that purportedly gives co residents a discount on prescriptions AND gives a kick back to the county - all at no charge. BIG problem, in my book, is that they insist on using the "county seal" on the card.

Seems to me that this violates all that stuff about the county lending it's name, assets, etc - I'm being told that many others have agreed to this, and that I'm misreading the law and / or contract.

Any of you willing to say that you are one of the other counties? How did you get around this?

Lisa L. Peterson
Nolan County Attorney

We advised against it. I agree with you.

Thanks! It's always nice to know one isn't wholly off base!!

Lisa L. Peterson
Nolan County Attorney

The County Judge is pushing this discount card pretty hard. My reservations were same as yours. In the last court setting, I was able to have the court table the discussion as the judge did not provide me with the contract to review prior to the meeting. Afterwards, a rep for the discount card very emphatically told me that other counties in Texas use the card (including some of the larger counties) and that they can't all be stupid.

I'd like to know how they are getting around the prohibition on county endorsements.

[This message was edited by jthatcher on 01-25-12 at .]

My commissioners approved it. WHen I got my hands on the contract and made the requisite changes for me to be willing to sign, the guys behind the program wilted into thebackground....

Lisa L. Peterson
Nolan County Attorney

Does anyone have an update about this topic? Any legal authority, especially the prohibition on county endorsements. Thanks,

Legal authority is the constitution - a county cannot give or lend a thing of value, including its name.

After I refused to lend our "name" they never came back....

Lisa: Thank you. I believe this is the Constitution section:

Sec. 52. COUNTIES, CITIES OR OTHER POLITICAL CORPORATIONS OR SUBDIVISIONS; LENDING CREDIT; GRANTS; BONDS. (a) Except as otherwise provided by this section, the Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State to lend its credit or to grant public money or thing of value in aid of, or to any individual, association or corporation whatsoever, or to become a stockholder in such corporation, association or company. However, this section does not prohibit the use of public funds or credit for the payment of premiums on nonassessable property and casualty, life, health, or accident insurance policies and annuity contracts issued by a mutual insurance company authorized to do business in this State.(b) Under Legislative provision, any county, political subdivision of a county, number of adjoining counties, political subdivision of the State, or defined district now or hereafter to be described and defined within the State of Texas, and which may or may not include, towns, villages or municipal corporations, upon a vote of two-thirds majority of the voting qualified voters of such district or territory to be affected thereby, may issue bonds or otherwise lend its credit in any amount not to exceed one-fourth of the assessed valuation of the real property of such district or territory, except that the total bonded indebtedness of any city or town shall never exceed the limits imposed by other provisions of this Constitution, and levy and collect taxes to pay the interest thereon and provide a sinking fund for the redemption thereof, as the Legislature may authorize, and in such manner as it may authorize the same, for the following purposes to wit1) The improvement of rivers, creeks, and streams to prevent overflows, and to permit of navigation thereof, or irrigation thereof, or in aid of such purposes.(2) The construction and maintenance of pools, lakes, reservoirs, dams, canals and waterways for the purposes of irrigation, drainage or navigation, or in aid thereof.(3) The construction, maintenance and operation of macadamized, graveled or paved roads and turnpikes, or in aid thereof.(c) Notwithstanding the provisions of Subsection (b) of this Section, bonds may be issued by any county in an amount not to exceed one-fourth of the assessed valuation of the real property in the county, for the construction, maintenance, and operation of macadamized, graveled, or paved roads and turnpikes, or in aid thereof, upon a vote of a majority of the voting qualified voters of the county, and without the necessity of further or amendatory legislation. The county may levy and collect taxes to pay the interest on the bonds as it becomes due and to provide a sinking fund for redemption of the bonds.(d) Any defined district created under this section that is authorized to issue bonds or otherwise lend its credit for the purposes stated in Subdivisions (1) and (2) of Subsection (b) of this section may engage in fire-fighting activities and may issue bonds or otherwise lend its credit for fire-fighting purposes as provided by law and this constitution.(e) A county, city, town, or other political corporation or subdivision of the state may invest its funds as authorized by law.
(Amended Nov. 8, 1904; Subsecs. (a) and (b) amended and (c) added Nov. 3, 1970; Subsec. (d) added Nov. 7, 1978; Subsec. (a) amended Nov. 4, 1986; Subsec. (e) added Nov. 7, 1989; Subsecs. (a), (b), and (c) amended Nov. 2, 1999.) (TEMPORARY TRANSITION PROVISIONS for Sec. 52: See Appendix, Note 1.)

Thanks- I'm going to need that tattooed on my forehead with a 28 year old coming in as County Judge. As I read it, we CAN pay insurance premiums, but cannot stick our name / logo on a card so that it can be sold to our citizens.