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Thank you, Onestar. I hope T. Michael reads this.
Dear Mr. Cuaron,The Sheriff has no authority to accept any gifts without the consent of the commissioners Court.Texas Local Government Code § 81.032Commissioners Court Duties and Powers§ 81.032. Acceptance of Donations and BequestsThe commissioners court may accept a gift, grant, donation, bequest, or devise of money or other property on behalf of the county for the purpose of performing a function conferred by law on the county or a county officer.----------Office of the Attorney GeneralState of TexasOpinion No. GA-0229
August 9, 2004
By its express terms, section 81.032 authorizes a commissioners court to accept a donation of property to be used by the sheriff in performing that office's statutory functions. See Tex. Loc. Gov't Code Ann. § 81.032 (Vernon Supp. 2004) (authorizing a commissioners court to accept a donation of property on behalf of the county “for the purpose of performing a function conferred by law on the county or a county officer”). No statute authorizes a sheriff to accept donated property. In the absence of a specific statute authorizing the sheriff, or any other county official, to accept donated property, the commissioners court is the proper body to accept property donations on the county's behalf.
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