TDCAA Community
conditional donation

This topic can be found at:
https://tdcaa.infopop.net/eve/forums/a/tpc/f/257098965/m/6621077812

March 28, 2011, 12:17
Moira Schilke
conditional donation
Can a county accept money donated on condition that a building (money donated to county museum for restoration of historic building) be named for the donor or a person designated by the donor?
If the named person is deceased, and there is no commercial benefit to be gained by the naming, then I suppose it wouldn't be considered the sale of a naming right. But, what if the person is alive and involved in business in the community? Is the county public benefit (building restored) sufficient to outweigh the possible business benefits the person might receive by having their name on a public building? Also, I am confused about the acceptance of conditional donations. Upon acceptance by commissioners court, donations become county funds. How can a donor limit commissioners court's authority to determine how county funds are spent, and for how long? At what point does the donor lose the right to claim the funds back if the county does not use the funds as agreed?
March 29, 2011, 13:13
JM
Donations don't come with conditions.
March 29, 2011, 13:23
Jim Connolly
If you haven't already looked at it, the discussion of conditional gifts in AG Opinion GA-0562 (2007) might be helpful. Here is a link:
https://www.oag.state.tx.us/opinions/opinions/50abbott/op/2007/htm/ga-0562.htm
March 29, 2011, 13:48
mhartman
Tha AG opinion is a good starting point for analysis.
March 29, 2011, 14:10
Moira Schilke
Thank you for the replies.