Untitled Texas Attorney General Opinion ( 1951 )

OF AS
September 11, 1951
Hon. D. Richard Voges Opinion No. V-1278
County Attorney
Wilson county Be: Authority of Wilson
Bloresville, Texas ,County to issue bonds
to construct a building
to house the County
Agents, the C.ounty gome
Demonstration Agent,
the Production Market-
ing Administratisn of-
Dear Mr. Voges: fice and the like.
1~
Your request for an opinion relates to
the authority of a county of less than 20,000 popu-
lation to co$struct a building to be used by the
County Agent, the County Home Demonstration Agent,
t,he Soil Congervation Office, and the Production
and Marketing Atiinistration by the issuance of
county~wide bonds. If bonds may be issued for such
a purpose, you also wish to know if a petition is
required and what is the maximum tax rate that the
county may fix in order to retire the bona issue.
We believe the question yoti resent is
answered by Att’y Gen. Op O-7036 (19467,wherein
it was stated:
“The courts of thia State have re-
peatedly held that a county oanhot issue
bonds unless such power is expressly con-
ferred by law. such is the established
doctriqe in this State, and has been from
an early time. It was affirms&in the
original appeal from San Patric 0 County
v. YcCl@ne, 44 Tex. 392, ana re terated in
Robison.v. Breedlove, 61 Tex. 3,6;
l also
in Lasater v. Lopez, 217 S.W. 373, 110 Tex.
179."
1)
0 . e
“We have failed to find a statute in
this State expressly authorizing a county
. ‘.
Hon. D. Richard Voges, page 2 (V-1278)
to colfstruct the type building mentioned
in yoqr request. Therefqre, it is the
opiniqn of this Departmeqt, based on the
foregding decisions of the courts of this
State; that a county 606s not have the
autholrity to issue . . . bonds for the
purpose of constructing an agricultural
building in which to house the oounty
agent and the A.A.A. off$ces.*
Article 2370(a), V.C,S. (H,B. 382, Acts
51st Leg. 1949, ch. 60, p. loo), authorizes.the is-
suance of.negotiable bonds .for the purchase, con-
struction, or otherwise acquiring of additional of-
fice space if the courthouse is not adequate to
properly house all county offices. We need not ae-
tide whether any or all of the offices named by you
are “county offices” within the meaning of this
statute; since it expired by its own terms on Sept.
1, 1951, at the latest.
You also ask whether these offices could
be considered experiment stations so as to author-
ize the county to issue~bonas under the authority
granted by Artiale 163a, Y.C.S. The definition of
an experiment station is a station established “for
the purpose of making experiments and conducting in-
vestigations in the planting and growing of agricul-
tural and horticultural crops and soils, and the
breeding, feeding and fattening of livestock for
slaughter.” Att’y Oan. Op. o-7483 (1946). We do not
believe that @ building for any of the named offices
can qualify as an “experiment stationR under this
definition; therefore, Article 163a, V.C.S., has no
application.
This office, fJllowiug the decisions of the
courts ha& repeatedly held that:,,the commissioners*
court is a court of limited jurisdiction and has only
such powers as are conferred upon it, whether by ex-
press teds or by necessary implication by the stat-
utes and-Constitution of this State. Childress County
V. State; 127 Tex. 343, 92 S.W. ?a, loll .(1936) V
173 S.W. 508 (Tex. Civ. Apb.-&5
. Hall, 280 S.W. 289 (Tex. civ.
/ App. 1925); 11 032, Counties Sec. 95, 20 C.
J.S. 1006, Counties, SiE. 174.
.’ .
Hon. Richard D. Voges, page 3 (V-1278)
In view of the foregoing, it is our opinion
that Wilson County is not authorized to issue bonds
to construct buildings for the County Agent, County
Home Demonstrtition Agent, the Soil Conservation Office
and the Productioq and Marketing Administration.
There is no authority for Wilson
County to construot a building by the
issuance of bonds for the purpose of
housing the County Agent, the County
Home Demonstration Agent, the Soil Con-
servation Office, and the Proauction
and Marketing Administration.
APPROVED: Yours very truly
J. C. Davis, Jr, PRICE DANIEL
County Affairs Division Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
ByGa
Everett Hutchinson Burnell Waldrep
Executive Assistant Assistant
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