A commissioner in a neighboring county is wanting to lease a piece of heavy equipment owned by our county. A look into the Local Government Code reveals no provisions governing the lease of personal property by the County, and a quick search of the Attorney General's opinions turns up several with the statement, "there is no authority authorizing a county to lease its personal property." However, in looking at the interlocal agreement provisions of the Government Code (Ch. 791), it would appear that two counties could enter such a contract. The AG opinions that I found all deal with a lease to a private entity.

Any opinions on this?

If my county was invovled, I would lean heavily on the interlocal provisions and give it a try. Work with the other county attorney, be sure that your values are at least close, and get it through BOTH commissioners courts before starting - but I don't see why it can't be done.

Lisa L. Peterson
Nolan County Attorney