Untitled Texas Attorney General Opinion ( 1974 )

June 27, 1974
The Honorable Tom Hanna Opinion No. H- 336
Criminal District Attorney
Jefferson County Re: Whether Commissioners
P. 0. Box 2553 Court may expend funds for
Beaumont, Texas 77704 creation of service pins.
Dear Mr. Hanna:
You have asked whether the Commissioners Court of Jefferson
County can spend county funds to purchase service pins to be awarded
to employees of the county. The face of the pin is to consist of a replica
of a seal embedded in the floor of the Jefferson County Courthouse, and
you also question whether there is any law to prohibit the use of this seal.
_ Section 18 of Article 5 of the Constitution of Texas creates the
- -..
comtiissioners court and authorizes it to “exercise such powers and juris-
diction over all county business, as is conferred by this Constitution and the
laws of the State, or as may be hereafter prescribed. ”
It is now well established that commissioners courts can exercise
only such powers as are conferred upon them either by the Constitution or
statutes. Canales v. Laughlin, 214 S.W.2d 451 (Tex. 1948).
We find no statute specifically authorizing the commissioners court
to purchase and award pins such as you describe. They are authorized.
however, to “fix the amount of compensation, office expense, travel expense,
and all other allowances” for most county officers and employ’ees. Article
3912k, V. T. C. S.
In our opinion a pin awarded in recognition of faithful service is
‘jcompensation” thoygh not “salary” and it falls w$th$n the scope of Art,
.
p. 1550
.
.
The Honorable Tom Hanna page 2 (H-336)
3912k, supra. See Attorney General Letter Advisory No. 71 (1973).
We are reinforced in this construction by the provision in Sec. 10,
Article V of the General Appropriation Act for 1974-1975 which specifies
that service pins might be presented by various state departments and
agencies “as compensation. ” Acts 1973, 63rd Leg., ch. 659, p. 1786,
at 2203.
Since your letter indicates that the seal embedded in the floor is not
an official seal, we do not think it would be desecrated by its inclusion as
part of the pin.
In our opinion, therefore, the commissioners court of Jefferson County
may create a service pin to award to its employees and may include in the face
of the pin a replica of a seal found in the floor of the county courthouse. :
SUMMARY
The commissioners court is authorized to expend -
7.. county funds to purchase a service pin to be awarded
to county employees. The pin may include a replica
of an unofficial county seal.
/+ry pub yourpt
General of Texas
AP ED:
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DAVID M. KENDAL ,L, Chairman
Opinion Committee
p. 1551