Untitled Texas Attorney General Opinion ( 1944 )

Honorable Ben J. Dean District Attorney 90th Judicial District Breckenridge, Texas, Dear Sir: Opinion No. O-5901 Re: Authority of the commissioners' court to pay a pro rata part for printing work plans for a Soil Conservation District embracing such county Your letter of February 26, 1944, requesting an opinion of this de- partment, contains the following question: "Does the Stephens County Commissioners' Court have the power or authority to pay a pro rata part for printing work plans for the Lower Clear Fork of the Brazes Soil Conservation District No. 5311” It is apparent from your letter that the district in question i@ organized under the provisions of Article 165a-4, Vernon's Annotated Civil statutes. It la settled by the authorities, followed by numerou6 opinion8 of this department, that COmieBiOnerB' courts are courts of limited juritidiction, in that their authority extends only to matters pertaining to the general wel- fare of their respective COIIIkieB and that their powers are only those expressly or impliedly conferred upon them by law. 11 Texas Jurisprudence, Section 37, page 564 and cases cited thereunder. The power of such court8 to make appropriations or expend county funds is controlled by the above rule of law. After careful search end exam- ination of-the statutes, including the ~provi%ions of Article 1658-4, Vernon's Annotated Civil Statutes under which the district MB created, we are unable to find any authority for the Commissioners' Court of Stephen6 County to&-~ pend county funds for the purpose &at forth in your inquiry. Involving the same principle, we held in our opinion No. O-3403 that the commissioners' court has no power to make cash donations to Soil Conservation Districts cre- ated under this statute, embracing such county. You are respectfully advised that it is the opinion of this depart- ment that the commissioners' court is without authority to pay out county funds HonorableBen J. Dean, P6ge 2 (G-5901) on the cost of printingwork plans for 8 Soil Coneerve&loqDirtrictcreated under Article165a-4, Vernon'6AnnotatedCivil Statutea. Yourr very truly APPROVEDMAR 10, 1944 GEHERALOFTEXAS A!l?ToRFlEy /8/ Geo. P. Blackbum AcPlXGATl'ORI'lEY GENERALOFTEXAS By /a/ Wm. J. fi.King Wm. J. R. King Aseletant WJRIQff!lm ApPROVED~ OPINION coMMITl!EN BY /a/ BWB CBAIFWLN