Untitled Texas Attorney General Opinion ( 1981 )

The Attorney General of Texas
August 24. 1981
MARK WHITE
Attorney General
Honorable James S. McGrath Opinion No. MU-362
Criminal District Attorney
Jefferson County, Texas Re: Termination of county
P.O. Box 2555 employees
Beaumont, Texas 77704
Dear Mr. McGrath:
You ask the question:
Does a single commissioner acting as road and
bridge administrator have the power to discharge
an employee?
You have informed us that by "road and bridge administrator" you
mean county commissioner acting as ex officio road commissioner
pursuant to article 6762, V.T.C.S. This statute was amended by Senate
Bill 1242 enacted by the regular session of the sixty-seventh
legislature and effective June 16, 1981, when it was signed by the
Governor. It now provides that in all counties the members of the
commissioners court shall be ex officio road commissioners of their
respective precincts. This provision is not automatically effective,
but must be adopted by the court pursuant to article 6769, V.T.C.S.
Article 6763, V.T.C.S., as amended by Senate Bill 1242, provides
in part:
Subject to authorization by the commissioners
court, each ex otficio road commissioner may
employ persons for positions in the conrmissioner's
precinct paid from the county road and bridge
funds. Each ex officio road commissioner may
discharge any county employee working in the
commissioner's precinct if the employee is paid
from county road and bridge funds.
Under the circumstances stated in article 6763, V.T.C.S., a
single commissioner acting as ex officio road con@ssioner has power
to discharge an employee.
P. 1210
James S. McGrath - Page 2 (MU-362)
You next ask whether an official appointed by the commissioners
court has power to discharge an employee. You do not inquire about a
particular official, so we must answer in general terms.
Where the court is statutorily authorized to appoint an official,
there must be statutory authority for the official to hire and fire
employees. Where the legislature has authorized the delegation of the
court's powers, it has done so by express legislation as to the powers
to be exercised by a subordinate. Guerra v. Rodriguez, 239 S.W.2d 915
(Tex. Civ. App. - San Antonio 1951, no writ)(construing article 6713,
V.T.C.S.). Sf?e, e. ., V.T;C.S. art. 4478--4485 (hospital
superintendent). The answer to your question depends in each case on
the statutes defining the powers of the particular official.
SUMMARY
A single county cormnissioneracting as road
commissioner pursuant to article 6762, V.T.C.S.,
has the power to discharge an employee paid from
county road and bridge funds. Whether an official
appointed by the commissioners court has power to
discharge an employee depends on the statute
governing the official in question.
&&
Attorney General of Texas
JOHN W. FAINTER, JR.
First Assistant Attorney General
RICHARD E. GRAY III
Executive Assistant Attorney General
Prepared by Susan Garrison
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Susan L. Garrison, Chairman
James Allison
Jon Bible
Rick Gilpin
Jim Moellinger
Bruce Youngblood
p. 1211