Untitled Texas Attorney General Opinion ( 1939 )

THECATI-ORNEY GENERAL
OF TEXAS
Gerald C. Mann AUSTXN.I~. TEXAH
AlT‘.RNyrY QKNLDKAL April 20, 1939
(See O-638-A (Conference
Opln. 307.3) ;'
Hon. Ralph Logan Opinion No. O-638
County Attorney Re: Authority of Commllasloners Court to
Tom Green County expend county funds for transportation of
San ,Angelo, Texas W.P.A. workers engaged ln drilU,ng, wells
and testing the mineral contents of water
Dear 812-t in the county. <*
With reference to your letter of April 10th .to hhioh.the
above opinion ,number has been assigned, kindly be advised that same
has received the attention of this Department as per your, request
contained therein which reads: ,‘:
Wan the Commissioners’ Court legally expend co&y
funds for transportation of WPAworkers engaged ln drill-
ing wells and testing the mineral content of water ‘over
the county--such work being supervised by the Board of
Mater Engineers with the purpose of preparing ‘a statisti-
cal map?”
Article 5, Section 18 of the Constitutlion of Texas, creat-
lng the Commissioners’ Court, reads in part as follows:
I’D.. .The County Commissioners so chosen, with the
county judge, as presiding officer, shall compose the
oounty Commissioners1 Court, which shall exercise such
powers and jurisdiction over all county business, as.is
conferred by this Constitution and the laws of the State,
or as may be hereafter prescribed.”
The Commissioners’ Court of a county is a areature of the
Constitution under Article 5, Section 18, and its powers are limited
and controlled by the Constitution and the laws passed by the Legis-
lature .--Commissioners’ Court of Madison County et al vs. Wallace et
al--(Supreme Ct .) 15 S.W. 2nd 535.
We are unable to find any statutory authority,, expressed or
implied, granting to the Commissioners ’ Court the power to expend
county funds for the transportation of W.P,A. workers engaged in test-
ing the mineral content of water throughout their respective counties.
The fact that such work is supervised by the Board of Water Engineers
would have no weight upon the question of whether or not the Commis-
s%ohers’ Court had such authority. There being no statutes on the sub-
ject, such project in question would not come within the meaning of
Hon. Ralph Logan, page 2 (O-638)
“county business” over which the Commissioners1 Court can exercise
a general authority, in the absence of special powers specifidally
conferred by the Constitution and laws of this State.--Bland vs.
Orr, 90 Tex. 492.
It Is therefore, the opinion
of this Department that the
Commiseioners~ Eourt Is unauthorized to expend county funds for
transportation of W.P.A. workers engaged In drilling wells and test-
ing the mineral oontent of water over their respective counties.
Very truly yours
ATTORNEY
GF&XBALOF TEXAS
By /s/ Wm.J. R. King
Wm. J. R. King, Assistant
~APPROVEDt
/s/ Gerald C. Mann
BTTORHEY GENERALOF T&X&S
See Conf. Opin. 3073
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