Untitled Texas Attorney General Opinion ( 1951 )

Hon. James Il. Strong Opinion No. V-l 178
dounty Attorney
Panola county Re: Authority of the Commissioners’
Carthage, Texas Court to expend county funds in
connection with the .“Interna-
tional Farm Exchange Project,”
enabling a farm youth of the
county to reside on a farm in
a foreign country while a youth
from that country resides with
Dear Sir: farm families in the county.
We refer to your opinion request concerning the authority of
a Commissioners,’ Court to expend county funds for traveling expenses
of young agriculturists in connection with the ‘International Farm Ex-
change Project. *
You state that A. & M. College and the United States Depart-
ment of Agriculture sponsor a 1951 International Farm Exchange Pro-
ject which permits Texas five Z-way exchanges of young agriculturists
with foreign countries, One boy in Panola County is qualified to par-
ticipate. The plan involves an exchange with England. The Panola
boy will live in England with farm families; two English boys will live
in your county with farm families. The travel expenses, or a part
thereof, for the boy going to England and for the English boys while
in this country must be provided locally. The Commissioners’ Court
of Panola County desires to have a local boy participate in the pro-
ject. You ask if the travel expenses of these boys may be paid out
of Panola County funds, and refer in connection therewith to Articles
164 and 2372d.V.C.S.
This office, following the decisions of the Texas Courts, has
repeatedly held that the Commissioners’ Court is a court of limited
jurisdiction and has only such powers as are conferred upon it, either
by express terms or by necessary implication, by the statutes and
Constitution of this State. Childres,s County v. State, 127 Tex. 343,
.
Hon. James R. Strong, Page 2, V-1178
92 S.W.2d 1011 (1936); Von Rosenberg v. Lovett, 173 S.W. 508 (Tex.
Civ. App. 1915, error ref.);‘Roper v. Hall, 280 S.W. 289 (Tex. Civ.
App. 1926); Art. 2351, V.C.S.; 11 Tex. Jur. 632, Counties, Sec. 95;
20 C.J.S. 1006, Counties, Sec. 173; Att’y Gen. Gp. O-6294 (1944).
Article 164, V.C.S., provides as follows:
‘“The Commissioner’s Court of any county of this
State is authorized to establish and conduct co-operative
demonstration work in Agriculture and home economics
in co-operation with the Agricultural and Mechanical
College of Texas, upon such terms and conditions as may
be agreed upon by the Commissioners’ Court and the
agents of the Agricultural and Mechanical College of
Texas; and may employ such means, and may appropriate
and expend such sums of money as may be necessary to
effectively establish and carry on such demonstration
work in Agriculture and Home Economics in their re-
spective counties.”
It is thus to be observed that the above quoted article author-
ized Commissioners’ Courts to establish and conduct co-operative
demonstration work in cooperation with A. & M. College and to expend
county funds as may be necessary to effectively carry on such demon-
stration work in their county. This article does not expressly pro-
vide for, nor can it legally be construed to contemplate, the expendi-
ture of county public funds for traveling expenses of young agricultur-
ists to or from foreign countries for the purpose of observing foreign
agricultural pursuits. Wholesome as the proposed plan may be, still
visits to a foreign country for the purpose of observing agricultural
pursuits is not a part of “co-operative demonstration work. “. \
The same conclusion must be reached with respect to Article
2372d. That statute authorizes Commissioners’ Courts to provide
annual exhibits of agricultural and other designated products and for
the erection of buildings in their county for such exhibit purposes.
It does not expressly authorize, nor is it subject to a legal construc-
tion that would impliedly permit, the expenditure of county funds to
pay for traveling expenses of any individual to or from foreign
countries.
Accordingly, it follows that the Commissioners’ Court is
without statutory authority to expend county funds for the purpose of
.-.
.
Hon. James R. Strong, Page 3, V-1178
paying traveling expenses of young agriculturists to or from for-
eign countries in connection with the “‘International Farm Exchange
Project. ‘I’
SUMM,ARY
Under the laws of this State, a Commissioners’
Court is without statutory authority to expend county
funds in payment of traveling expenses of young agri-
culturists to or from foreign countries in connection
with the United States Department of Agriculture’ “In-
ternational Farm Exchange Project.“’
APPROVED: Yours very truly,
J. C. Davis, Jr. PRICE DANIEL
County Affairs Division Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
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Charles D. Mathews Chester E. Ollison
First Assistant Assistant
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