Untitled Texas Attorney General Opinion ( 1964 )

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THEATTORNEY GENERAL
OF TEXAS
November 20, 1964
Miss Edna Cisneros Opinion No. C-350
County Attorney
Willacy County Re: Authority of a county
Raymondvllle, Texas official to close his
office on Saturday with-
out the consent and ap-
proval of the Commis-
Dear Miss Cisneros: sioners Court.
You have requested an opinion as to whether a county
official whose office is created by the Constitution of Texas
is authorized to keep his office closed each.Saturday without
. the consent and approval of the Commissioners Court.
The Commissioners Court is’ a court of limited juris-
diction and has only such powers as are conferred uponit by
the statutes and Constitution of this State, whether by ex-
press terms or by necessary Implication. Section 18, Article
V, Constitution of Texas; Article 2351, Vernon's Civil Stat-
utes; Bland v'.Orr, 90 Tex, 492, 39 S.W. 558 (1.897); Mills v.
Lampasas County 9 Tex. 603,40 S.W. 403 (1897); Anderson v.
d 137 Tex. $01 152 S.W.2d 1084 (1941). Canales v. Laughlin,
$%ex. 169, 214 i.W.2d 451 (1948); Starr'County v. Guerra,
297 S.W.2d 79 (Tex;Clv.App. 1956); Van Rosenberg v. Lovett.,
173 S.W. 508 (Civ.App. 1915, error ref.).
The Commissioners Court may not interfere or usurp the
sphere that is delegated to a county official by law. Pritchard
& Abbott v. McKenna, -Tex. -, 350 S.W.2d 335 (1961).
We know of no provision in the Constitution or statutes
of this State authorizing the Commissioners Court to prescribe
the office hours of a county official or the days which a county
official would be required to keep his office open. Therefore,
such matters are left to the determination of the county offi-
cial. .
In Attorney General's Opinion O-6679 (1945), on a similar
question, It was held:
"Although Section 10 of Article XVI
of our State Constitution provides that
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Miss Edna Cisneros, page 2 (C-350)
'The Legislature shall provide for deduc-
tlons from the salaries of public officers
who may neglect the performance of any duty
that may be assigned to them by law,"we know
of no provision In the Constitution or stat-
utes of this State requirPng County offices
to be open to the public for any specific time
other than for a reasonable time. Nor do we
know of any provision in the Constitution or
statutes of this State authorizing the Commls-
sloners' Court to pass an order requiring county
offices to be open to the public six 8-hour
days (or 48 hours) per week."
In view of the foregoing, you are advised that a county
official is authorized to keep his office closed each Saturday
without the consent and approval of the Commissioners Court.
SUMMARY
No provision in the Constitution or statutes
of this State authorize the Commissioners
Court to prescribe the days which a county
official shall keep'his office open, and no
provision in the statutes or Constitution
requires county offices to be open to'the
public for any specific time other than for
a reasonable time. Therefore, a county of-
ficial is authorized to keep his office closed
each Saturday without the consent and approval
of the Commissioners Court.
Yours very truly,
WAGGGNER CARR
Attorney General
'&Rek
Assistant
JR:ms
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Miss Edna Cisneros, page 3 (C-350)
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Robert Lemens
‘Oordon Cass
Arthur Sandlin
Ivan Williams
APPROVED FOR THE ATTORNEX GENERAL
By: Roger Tyler
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