Untitled Texas Attorney General Opinion ( 1965 )

S
AUSTXN ``.TExAs
July 16, 1965
Honorable . Clarence L. Darter opinion NO. C- 465
County Attorney
Chlldress County Re: Whether a county may
Childress, Texas legally acquire, main-
tarn and operate a
translator system In
order to provide tele-
vision for entertain-
ment and educational
purposes for the citl-
zens of the county, if
the qualified voters
of the county petition
the Commissioners'
Court to call an elec-
tion for a bond Issue
and special tax levy
for the purpose of
securing, malntain-
lng and operating
the said translator
Dear Mr. Darter: system.
YOU have requested an opinion on the following ques-
tion:
"May a county legally acquire, maintain and
operate a translator system Morder to provide
televls;on for entertainment and educational pur-
poses for the citizens of the county, If the
qualified voters of the county petition the Com-
missioners' Court to call an election for a bond
Issue and special tax levy for the purpose of
securing, maintaining and operating the said trans-
lator system?"
The Commissioners1 Court Is a court of limited jurls-
diction and can only exercise such powers as are authorized
by the Constitution and Statutes of this State. Tex.Const.,
Art. V, Sec. 18; Bland v. Orr, 90 Tex. 492, 39 S.W. 558
(1897); El Paso County v. Elam, 106 S.W.2d 393 (Tex.Civ.App.
1937); Landman v. State, 97 S.W.2d 264 (Tex.Civ.App. 1936,
error ref.).
-2219-
Honorable Clarence L. Darter, Page 2 (c-465 )
There is neither Constitutional nor statutory auth-
ority for a county to acquire, maintain and operate a
television translator system.
There is neither constitutional nor statutory auth-
ority for a Commissioners' Court to issue bonds for the
purpose of securing, maintaining and operating a tele-
vision translator system.
SUMMARY
-------
A county has no authority to acquire, main-
tain and operate a television translator system.
The Commissioners' Court has no authority to issue
bonds for the purpose of securing, maintaining and
operating a television translator system.
Yours very truly,
WAGGONER CARR
Attorney General of Texas
RBJ:nr
APPROVED:
OPINION CGMMIl'TER
W. V. Geppert, Chairman
Dean Arrington
J. Phillip Crawford
John Pettlt
Roger Tyler
APPROVED FOR THE ATTORNEY GENERAL
BY: T. B. Wright
-2220-