We have a company that wants to make a "donation" to the county for the purchase of road materials to be used by the county solely for repairing a specific public road (where their company is located). The county would provide the necessary labor and equipment to perform the work.

There's an AG opinion which states that a commissioners court may accept donations to repair a specific road under Transportation Code section 252.214 provided that a county has adopted the "Road Superintendent System" and thus, section 252.214 would apply. (JC-0073). Also, there's specific statutory authority for counties under the Road Commissioner system under section 252.101.

But our county operates under subchapter D (Section 252.301) aka the "Optional County Road System," which has no specific "donation" section. Legislative history doesn't seem to be on our side since the entire chapter was adopted at the same time.

So can a county operating under the optional county road system accept donations to repair/improve a specific road?

Also, how about relying on the general authority of a court to accept donations under Loc. Gov. Code 81.032?

Any thoughts would be greatly appreciated!

It sounds awkward to me and something rare to hear that a company wants to give such type of donation. Don't mind please but can you tell me the name of the company?