AUSTIN - A court would likely conclude that a volunteer fire department organized as a nonprofit entity is not a political subdivision, according to an opinion released by the Office of the Attorney General today.
Earlier this year, Kerr County submitted an opinion request to the OAG, asking whether a volunteer fire department is a political subdivision for purposes of a land exchange with a county under Local Government Code subsection 263.006(e), records show.
The OAG concluded that it is not, finding that volunteer fire departments are oftentimes organized as nonprofit entities, which do not constitute as a political subdivision.
“Local Government Code section 263.006 allows a county commissioners court to exchange an interest in real property for an interest in another if it meets certain notice and appraisal requirements,” the opinion states. “Subsection 263.006(e) exempts from those requirements a real property exchange with specified types of entities, including a political subdivision of this state.
“A court would likely conclude that a volunteer fire department organized as a nonprofit entity is not a political subdivision within the scope of subsection 263.006(e).”
Opinion No. JS-0007