Untitled Texas Attorney General Opinion ( 1957 )

_. --
THEA~ORNEY GENERAL
OF-TEXAS
Honorable Fred P. Holub Opinion No. WW-126
County Attorney.
Matagorda County, Re: Authority of the
Bay City, Texas. Commissioners' Court to
grant a franchise.
Dear Mp. Holub:
You have requested the opfnfon of this department
on the following questfon:
Whether or not a franchise granted by
the Commissioners' Court of Matagoyda County,
Texas, authorizing the constructlon of a
ffL.h-houseon a portion of a street in the
unincorporated Cltg of Matagorda, Texas, 14
valid.
The Texas courts have repeatedly held that the
Commfssfoners' Court is a court of limited jurisdiction and
can only exercise such powers as are authorized by the
C3n?tftutlon aizdstatutes of this State, e?+.herby e:?.pl-es:
terms or bg necessary fmplfeacion. Seetic*-:
Xc, ArtIc-1-e
V,
Tex. Const,; Bland vs. OFFS 9u Tex, 492, 39 a.W.553 (11@);
Childrsss County vs. .FPEG, 127 Tex. 343, 92 S.W.2d 1011
7~'``~a -. ---d 106 S.W.2d 393 (Texo @TV.
Elam
App?l;3:~'------.
Articles 2351 through 2372j, v.e.s., w25, as
amended, set ou,tthe various powers and duties of the
CommF3sfoners' Court, and are too lengthy to quote in this
opinion. However, it should be pointed out that none of
the heretofore mentioned artfcles dfrectlg or Indirectly
gives the Commissioners' Court the authority to grant per-
mission for private use of the county roads here Involved.
A Commissioners Court has been deemed to be with-
out power or authority to grant a franchise to a Power &
Light Company. Attorney General's Opfnlons Nos. 0-1805,
O-2274 and o-5726; State ex rel. City cf Jasper
,. vs. Gul?
States Utilities Co., 144 T ex. 184, 189 S.W .L
^d 3
'93 !194;j.
A Commfssioners' Court has also been held t.1be
without authority to grant a franchise for the operation Of
-- _
Honorable Fred P. Holub, Page 2 ww-126
a jftney-bus. Attorney General'8 Opinion O-3192.
We are, therefore, of the opinion that any franch-
ise or other permfsalon granted by the Commlsaioncre'Court
of Matagorda County, Texas, authorizing the coaatruction of
a fish-house on a portion of a street in the unincorporated
City of Matagorda, Texas, is fnvalfd and beyond the scope
of Constitutional or statutory authority of the Commfa~lon-
ers' Court,
SUMMARY
The CommfsaionersP Court fs a eowt of limited
jurfsdfctfon and fs not authorfzed by the Con-
stftutfon OP statutes of thfs State, efther
expressly or by necessary fmplicatlon, to grant
a franchise OP sther perlaissfon for the con-
struction of a fish-house on a portion of a
street in the unfneopp::~rated City of Matagorda,
9 and any swh fpanchfse fs fnvalfd,
Texae.
Youm veleytruly,
WILL WILSON
AttoFneg GenepaP
By&+!-
B, H, Tfmmfns, Jr,'
BHT:jl:rh Assfstant
APPROVED:
OPINION COMMITTEE
H. Grady Chandler,
Chafrman
James W. Wilson
Fred Werkenthin
Ralph R. Rash
REVIEWED FOR THE ATTORNEY GENERAL
By: Gee. P, Blackburn