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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