Untitled Texas Attorney General Opinion ( 1971 )

August 16, 1971
Honorable Ted Butler Opinion No. M-936
Criminal District Attorney
Bexar County Courthouse Re: Authority of the Commissioners
San Antonio, Texas 78204 Court of Bexar County to make
payments to the Industrial De-
velopment Commission of Metro-
Dear Mr. Butler: politan Bexar County.
You have requested our opinion on whether the Commissioners Court
of Bexar County may make a grant to the Industrial Development Commission
of Metropolitan Bexar County, a non-profit corporation, for the purpose of
promoting industrial development in Bexar County.
The Commissioners Court is a court of limited jurisdiction and has
only such powers as are conferred upon it by the statutes and Constitution of
this State, whether by express terms or by necessary implication. Section
18, Article V, Constitution of Texas; Article 2351, Vernon’s Civil Statutes;
Bland v. Orr, 90 Tex. 492, 39 S.W. 558 (1897); Mills v. Lampasas County,
90 Tex. 603, 40 S.W. 403 (1897); Anderson v. Wood, 137 Tex. 201, 152 S.W.2d
1084 (1941); Canales v. Laughlin, 147 Tex. 169, 214 S.W.2d 451 (1948); Starr
County v. Guerra, 297 S.W.2d 379 (Tex. Civ. App. 1956); Van Rosenberg v.
Lovett, 173 S.W. 508 (Tex. Civ. App. 1915, error ref. ); Attorney General
Opinion No. C-350 (1964. )
Section 1 of Article 2352d, Vernon’s Civil Statutes, applicable to Bexar
County, authorized the Commissioners Court to expend money for the purpose
of advertising and promoting the growth and development of the county. How-
ever, before such expenditure may be made it must first be approved by a
majority vote of the qualifying taxpaying voters of the county voting at an election
called for such purpose. Attorney General Opinions R-2136 (1950). V-1238
(1951) and C-39 (1963. ) It was held in these opinions that in the absence of
such election, expenditures of county funds for purposes similar to those stated
in your request may not be made.
-4563-
Honorable Ted Butler, page 2 (M-936)
You state in your request that no election pursuant to the provisions
of Article 2352d, Vernon’s Civil Statutes, has been held in Bexar County,
and we know of no other provision in the statutes of this State authorizing
such expenditure. We are therefore in agreement with you that the Com-
missioners Court of Bexar County is not authorized to expend moneys for
the purpose outlined in your request.
SUMMARY
Since no election has been held in Bexar County
pursuant to the provisions of Article 2352d. Vernon’s Civil
Statutes, the Commissioners Court is not authorized to ex-
pend money for the purpose of making a grant to a non-profit
corporation to promote industrial development in Bexar
county.
y General of Texas
Prepared by John Reeves
Assistant Attorney General
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Robert Lemens
Gordon Cass
Melvin Corley
Lewis A. Jones
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
‘4564-