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1981-1982 Texas Attorney General Reports and Opinions 925 (1981-1982)

handle is hein.sag/sagtx0017 and id is 1 raw text is: The Attorney General of Texas, January 5, 1981 MARK WHITE Attorney General Supreme Court Building P.O. Box 12548 Austin, TX. 78711 512/475-2501 1607 Main St., Suite 1400 Dallas, TX. 75201 214/742-8944 4824 Alberta Ave., Suite 160 El Paso, TX. 79905 915/533-3484 1220 Dallas Ave., Suite 202 Houston, TX. 77002 1/650-0666 806 Broadway, Suite 312 Lubbock, TX. 79401 806/747-5238 4309 N. Tenth, Suite 8 McAllen, TX. 78501 512/682-4547 200 Main Plaza, Suite 400 San Antonio, TX. 78205 512/225-4191 An Equal Opportunity/ Affirmative Action Employer Opinion No. Honorable Joe Resweber Harris County Attorney 1001 Preston, Suite 634 Houston, Texas 77002 MW-290 Re: Whether a county may expend proceeds of the sale of bonds and other county funds to construct permanent improvements on leased land Dear Mr. Resweber: You. have requested our opinion on the following question relating to county expenditures: Can Harris County expend proceeds of the sale of the $3,800,000 Harris County Office and Courts Building Bonds, Series 1979-A, to remodel, improve or equip portions of the Center Pavilion Hospital building which Harris County has leased? Center Pavilion Hospital is owned by the Harris County Hospital District established under article 4494r, V.T.C.S. In addition, you have also asked a number of questions about the county auditor's responsiblities in connection with the bond proceeds and lease agreement. The bonds in question were issued under the authority of article 2370b, V.T.C.S. Section 1 of the statute authorizes the county to purchase, construct, reconstruct, remodel, improve and equip, or otherwise acquire an office building or buildings for county purposes. (Emphasis added). In our opinion, the underlined language authorizes the county to acquire a building by leasing it or by executing a lease-purchase agreement. See Attorney General Opinions H-23 (1973); M-832 (1971) (authority to acquire includes authority to acquire by lease or lease-purchase agreement). Section 3 authorizes a bond issue to pay for the improvement of such buildings, that is, buildings acquired under section L Thus, we believe you have statutory authority under article 2370b to issue bonds to pay for the improvement and equipment of a building acquired by lease. The bond proposition tracks the language of article 2370b, section 3; and the proceeds may therefore be used for the purpose you inquire about. p. 925

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