Opinion No.

Honorable L.M. Braziel Rains County Attorney Courthouse Emory, Texas 75440

Re: Whether article 2368a.2, V.T.C.S., permits the construction of a county jail building through a lease-purchase agreement when the agreement describes the building as "personal property"

Dear Mr. Braziel:

You ask the following question:

May the construction of a county jail building be lawfully financed through a lease-purchase arrangement, pursuant to article 2368a.2, V.T.C.S., when the parties have contractually characterized the jail building as "personal property"?

The Rains County Commissioners Court has entered…