TDCAA Community
Conditioned Donations to County

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April 27, 2015, 16:43
Darriaga
Conditioned Donations to County
May a county accept monetary donations given specifically to the county veteran's office? I am aware of the general authority of commissioners' court to accept donations, but can they accept donations with the condition that the funds are to be used only to assist veterans? As always, thanks.
April 30, 2015, 07:50
A. Diamond
Sure, as long as the purpose fits the following:

Texas Local Gov't Code
Sec. 81.032. ACCEPTANCE OF DONATIONS AND BEQUESTS. The commissioners court may accept a gift, grant, donation, bequest, or devise of money or other property on behalf of the county for the purpose of performing a function conferred by law on the county or a county officer.
May 05, 2015, 15:03
Darriaga
Thanks for the response. If I may, I will take another step. Would the county be authorized in spending the donated money to purchase a meal for a homeless veteran receiving assistance through the county veteran's office or some similar purchase?
May 06, 2015, 09:32
russwm
Darriaga, one of our smarter members will probably give a better answer, but if you are asking about buying a meal for an individual veteran, I believe the answer is no.

In order to buy a meal for one veteran as opposed to using the money for a program that benefits all veterans, the Commissioners Court would have to find that 1) the expenditure primarily serves a public purpose more than providing a private benefit, 2) controls would have to be in place to ensure the public purpose is being met, and 3) the county would have to receive consideration for the expenditure.

I don't think that expenditure would meet any of those three conditions, although one should never underestimate the "creativity" of a Commissioners Court. Big Grin
May 07, 2015, 09:19
Darriaga
Thanks for the assistance.