Untitled Texas Attorney General Opinion ( 1946 )

OFFICE OF THE A?-TQRNEY GENERAL OF TEXAS
AUSTIN
GROVERSELLERS
ATronHnGLNER*L
.
-
IIonorableConnally McKay
County Attornay
w00ac0mp
Quitman,Tf2,ms .,
Opinion~No. O-7206
opinion, which
r&as, yin part-,..88
or .w00acounty, :
county Board or
St3hoolTrus 0viaing immeai-
the job forex-serqice
e U. S. who desire such
to aontifiuetheir high
he prerequis.itesto'organizesuoh a .
at some Fndiv-idual,oorpor8tioq,or other
e funds for the operation of the school
'unti+,moneywas received from the Pederal Government.
The Board of direotors of the sahool, -&o were appointed
by the county Board of School Trustees, requested the
Honorable Cons&Y MgKaY
_ - Page 2'
CommissionersCourt to finance the sob001 temporarily
until said money was received. ,Acting on such request
* the oommissioners~oourtof this 'countypassed the
lollowing oraer:
'.
e1 On motion by B. A. Holbrook, se&nded by
C. c'.Cianton that Wood County escrow the sum of
$2,000.00 for the purpose of defraying expenses
neoassaryfor the organizationof Vocational
._ Sohool under the 0. I. Bill of Rights as set up
by the County School Board. It is specifically
understood that any amount of the above $2,000.00
that is not used is to be paid into the County
..Trsasury. . :
'Please advike .me,
Whether or not'the oommissione&s. oourt
ha?&e authority to appropriatemonies for the .: '
: advanoementor aid-to a Vocational School for
.the benefit of ex-service men."
.. . ..
Oouxitycommissio&s``.oourts have no power or authority,
except &oh as is oonferred upon them by the Constitutionor
_ statutes of the State; ~B1and.v.Orr, 39,s. W:558 (Tel. Sup;
ot., 1897); Galveston,H. & S. A. Ry. CO. V. Uvalad County,
'.167 6. n; (26) 305 (sag Anto.gioct. or 01~. App., 1942);~ Howard
v. Henderson~County,.ll6S. W. .(2a)479 (Dallas~Civ.App.,
1938 ; Landman v. State, 97 S. W. (2a) 264 (El Paso Clv. App;,
1936 * Nunn-WarrenPub. 00. v. Hutohinson County,‘45 S. N.
(?a) 651, +arillo Glv..App., 1932) writ or er.rorrefused.
The expenditureof publiu runas is jealouslYguarded
by the Constitution,and oommissioners'courts oannot make :
any gratuitousgrant of funds or use publio oredit or inCUr
anp indebtednessor liability except for public governmental
.purposesauthorized by law. De%ary v. Jefferson County, 179
S. PI.(26) 584 (Beaumont~Civ.App., 1943).
The',powers,and'auties of oommissioners'courts are
speoifiedin Artiole V, Section 18, Constitution of Texas,
and Title 44,. Revised Civil Statutes of Texas. We find noth-
ing therein which, either expressly or by necessary impli-
oatiou,would authorize a oommissioners'oourt to grant or
+..
: 25
_ ..
Honorable Connally MoXay - Page 3
lend pub110 funds for the purpose stated in your letter; ,‘-’
Therefore,we must answer your first question in the negative,'
._
Your second question which reads'& follows:
u2. Whether the County Clerk and the Distritit
Clerk may furnish certified oopies, free of charge,
of discharges,marriage licenses, birth certifi-
oates, death certificates and divorce prooeodlngs
that might be called for.in oonneotion with the
'above mentioned sohool.gl :
is CUISW8$8a by our Opinion No. 0-7208, ti copi of’. which is en- ‘.*
010sea herawith. : .'
Yours very'truly