Texas Attorney General Opinion: JC-119 Page: 4 of 5
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Ms. Raymie Kana - Page 4
If the county commissioners court approves the nonprofit organization's use of county space,
the county normally must receive consideration from the organization. The county commissioners
court cannot gratuitously grant the use of public property to a private entity. See TEX. CONST. arts.
III, 52; XI, 3; see also Tex. Att'y Gen. Op. Nos. JC-0016 (1999) at 3; MW-373 (1981) at
9. But the county is not required to charge rent if the commissioners court determines that
Offenders, Inc.'s gratis use of the space serves a public purpose and that the use of the space is
sufficiently controlled to ensure the accomplishment of the public purpose. See Tex. Att'y Gen. Op.
Nos. JC-0011 (1999) at 2-3 (stating that constitution does not bar governmental grant to private
interest in all cases); MW-373 (1981) at 9 (determining that University of Texas may grant use of
public space to Law School Foundation in certain circumstances); MW-200 (1980) at 2 (stating that
county commissioners court need not collect rent for use of courthouse space by county employees'
credit union if court determines substantial benefit will derive from having easily accessible credit
union). This determination is one for the commissioners court to make in the first instance, subject
to judicial review if challenged. See Tex. Att'y Gen. Op. No. MW-373 (1981) at 9.(JC-0119)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JC-119, text, September 28, 1999; (https://texashistory.unt.edu/ark:/67531/metapth274428/m1/4/: accessed May 4, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.