Untitled Texas Attorney General Opinion ( 1974 )

THHECA'I[TORNEYGENERAL
OTT TEXAS
AUSTIN. T-s 76711
August 20, 1974
The Honorable Ogden Bass Opinion No. H- 374
District Attorney
Braeoria County Re: Powers and duties of
Angleton, Texas 77515 commissioners court
Dear Mr. Bass:
You have requested our opinion on the power of a commissioners
court to act in five different areas. The Texas Constitution, Art. 5,
Sec. 18, gives to a commissioners court “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, I’ Article 2351,
V.T.C.S., is the general statutory grant of power to commissioners
courts, with specific powers found elsewhere in the statutes. The courts
have constructed the powers of the commissioners courts narrowly, and
their powers are thus limited to those “specifically conferred upon them. I’
Canales v. Laughlin, 214 S. W, 2d 451, 453 (Tex. 1948): Anderson v. Wood,
152 S.W.2d 1084 (Tex. 1941); Attorney General Opinions H-16, H-45, H-51
(1973). In considering your questions, therefore, we must look directly
to the statutes for specifically conferred grants of power to act.
Your questions, with our responses, follow:
1. Can the commissioners court regulate utility rates? There is
no general provision in the statutes to allow a commissioners court to
regulate utility rate S. In State v. Gulf States Utilities Co., 189 S.W.2d
693 (Tex. 1945), the Texas Supreme Court found that a commissioners
court did not have the power to grant a utility franchise - such power
over utilities not’being conferred on counties. See also Attorney General
Opinion V- 907 (1949). Presumably, the commissioners courts have no
authority vis-a-vls utility rates either , except when the county is a
supplier of gas or water under Article 2372q. Sec. 3; Article 2352e.
Sec. 3; and Article 2351, Sec. 20, V. T. C.S.
p. 1760
The Honorable Ogden Bass, page 2 (H-374)
2. Can the commissioners court set and enforce minimum building
and housing codes? Again, commissioners courts have no general power
to promulgate such codes. Limited codes can be found, however. Article
6812c, V. T. C. S. 9 gives to certain counties over 350,000 population the
power to establish building set-back lines from major roads. Articles
2372k and 6626a; V. T. C.S., give counties the right to require new sub-
division? to provide for the construction and maintenahce of roads within
the developing area.
3. Can the commissioners court set and enforce standards and procedures
for mobile home tie-downs? While the Mobile Home Standards Act, Article
5221f, V. T. C. S., gives the primary resbonsibility over mobile homes to
a state-widi Certification Board, Section 14’provides: “Counties and muni-
cipalities may, with the approval of the Board (which shall not unreasonably
be wi+held), adoPt more stringent standards [for tie-downs] when necessary
for the public health and ,safety. ” Thus, the commissioners court does have
limited standard-setting powers. Section 15 of the Act authorizes the Certi-
fication Board to authorize local units of government to perform inspection
and enforcement functions concerning tie-down standards.
4. Can the commissioners court require door-to-door salesmen to be
licensed and pay a fee? We can find no grant of such power to the court;
therefore under the Constitution, the court Cannot act in this area.
5. Can the commissioners court require registration and bonding of
home builders? We can rind no authority for the commissioners court to
control such activity except as it falls ‘under Articles 2372k and 6626a,
V. T. C. S., which require limited bonds to insure construction and main-
tenance of roads in new subdivisions.
SUMMARY
A commissioners court has no general authority to
regulate utility rates, establish minimum building and
housing codes, license door-to-door salesmen, or re-
quire registration and bonding of home builders. It has
limited powers t.o regulate mobile home tie-downs.
Attorney General of Texas
The Honorable Ogden Bass, page 3 (H-374)
APPROVED:
DAVID M. KENDALL, Chairman
Opinion Committee
p. 1762