Untitled Texas Attorney General Opinion ( 1974 )

September 4. 1974
The Honorable Martin D. Eichelberger Opinion No. H- 392
Office of the Criminal District Attorney
Waco, Texas Re: Authority of County to
contract to provide custodial
care for children.
Dear Mr. Eichelberger:
You have asked whether a county through the Commissioners Court
may enter into an agreement with other counties to provide custodial care
of minor children residing within the region encompassing the several
counties.
The Interlocal Cooperation Act, Article 4413 (32c), in $ $4(a), 4(b),
V.T.C.S., authorizes a county to contract with other counties for the
performance of governmental services and functions, as defined in $3(Z),
which all parties to the contract are legally authorized to perform. Under
the Act counties may enter into contracts concerning public health and
welfare. Article 4413 (32c), $ 3(2). Since any agreement under the Act is
to be authorized by fhe governing body of each party to the agreement,
the Commissioners Courts of the participating counties must authorize
such an agreement.
Counties are authorized to establish and maintain homes for
dependent and delinquent children within the county. Article 718(2), and
Article 5138, et seq., V. T. C. S. ; Attorney General Opinion V-106 (1947).
Through the juvenile court, counties are also authorized to place children
in need of supervision in homes operated by other bodies. Section 54.04
(d)(2)(c), Vernon’s Texas Family Code. Article 695a, $4, V. T. C.S.,
authorizes counties to create a Child Welfare Board for the express purpose
of improving and providing services for children in need of supervision.
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The Honorable Martin D. Eichelberger page 2 (H-392)
With the approval of the Department of Public Welfare, two or more
counties may combine in the creation of a Child Welfare Board. According
to $4(b) counties combined for this purpose have the same powers as a
single county under Article 695a. A county that does not own or operate
a suitable juvenile institution is authorized to pay for the proper care and
training of its dependent and delinquent children in the appropriate facility
of any county that may agree to receive them. Article 5138, V. T. C. S.
Inasmuch as a county is statutorily authorized to operate a custodial
child care or juvenile detention institution within its boundaries or to pay
for similar services from another county, and since authority for a multi-
county agreement could be based either upon Article 5138, V. T. C.S., or
upon the Interlocal Cooperation Act, depending on the nature and scope cf
the agreement contemplated, we answer your first question affirmatively.
You next ask whether a county may purchase land outside its territorial
limits. Article V, $18 of the Texas Constitution confers. on commissioners
courts such powers and jurisdiction over county business as are conferred
by the Constitution and statutes. Therefore, the legal basis for any action
taken by the Commissioners Court must be found in the Constitution or
statutes of Texas. But once such a legal basis is found, the Commissioner8
Court has broad discretion in the exercise of its power. Canales v. Laughlin,
214 S. W. 2d 451 (Tex. 1948).
There is no general Constitutional or statutory grant of power to the
Commissioners Court to purchase land within or without the county without
reference to the purpose therefore. Specific statutory authority is given for
land acquisition for designated purposes without restricting the location of
the land to within the county. Article 2351g-1, V. T. C. S. Specific authority
for other land purchases may be restricted to land within the county. Article
718 (2)) V. T. C. S.
Without information concerning the use for which the land would Abe
purchased, we cannot answer your second question.
p. 1838
The Honorable Martin,D. Eichelberger page 3 (H-392)
SUMMARY
Counties may enter into an agreement to
provide custodial child care of minor children
residing within ,the combined counties by authority
of Article 5138, V. T. C. S., or by the Interlocal
Cooperation Act, Article 4413 (32~1, V. T. C. S.
Very truly yours,
Attorney General of Texas
DAVID M. KENDALL, Chairman
Opinion Committee
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