must a commissioners court accept a donation made to the county museum at the time of its making? Can the museum staff simply deposit the funds into the general fund, and only obtain a commissioners court order to authorize the expenditure of those funds? Would the donor of the funds have a claim to the funds back because the court did not accept the donation at the time of its making?

I think that the answer is going to depend on how the museum is managed. If you have a museum board, appointed at least in part by the Commissioners, it may have the freedom to accept donations and make expenditures as long as overseen by the Court (at a minimum, annual budget conferences). If it is simply a director / curator and the Court, then I think everything has to go through them.

If another entity, such as historical society or city, is involved, I think that will create a different set of issues...

Lisa L. Peterson
Nolan County Attorney

Thanks Lisa.