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Commissioners defer decision on waiving golf-cart fees for Gateway fundraiser after legal concern
Summary
The court debated waiving golf-cart fees for a Gateway fundraiser; legal counsel cited Article III, Section 52 of the Texas Constitution and an AG opinion that generally prohibits gifts by commissioners courts, and the court agreed to consult the county attorney before approving a waiver.
A request to waive golf-cart fees for a Gateway fundraising tournament prompted debate at the Scurry County Commissioners Court over whether the county may legally donate services to a nonprofit fundraiser.
Speaker 6 described the prior practice of private individuals covering cart fees and asked whether the county could donate the carts or waive the fee. Some court members warned that approving a waiver could create a precedent and reduce revenue. Speaker 5 cited an Attorney General opinion and Article III, Section 52 of the Texas Constitution, noting the constitution generally prohibits the commissioners court from making outright gifts of public funds to nonprofit organizations.
The court agreed to seek formal guidance from the county attorney (referred to as "Mike" during the meeting) and table a final decision pending that advice. Several members said a fee waiver might be considered only if a formal public-purpose finding were made and the event was not for private profit.
No final waiver or fee-approval motion was adopted during the meeting.
