Untitled Texas Attorney General Opinion ( 1942 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honoratle Burl Brittaln
County Auditor
San Patrioio County
Sinton, Telprs
Dear Sir:
0016 en4 alvllian
requesting the Olin-
tea question reads
the County al-
County Judge, or
zttn, a8 County
arefully considered the question present-
an4 Sail to Sio4 any etatute or other au-
thority authorizing the payment OS the above motioned ex-
penses by the county out of any oounty fun4 or iunde.
It is well esteblished in this Stats that the Com-
missionera’ Court has only such authority as is expmssly'
Sonomble Burl Brlttaln, Fags 2
oonferred or necessarily laplied upon it by the statutea
a54 Constitution of this State.
Au offioer may not claim or reach any money with-
cut IA law authorizing him to do so, and clearly affixing
the amount to wlnioh he 15 entitled. (Ter. Jur., Vol. 34,
p. 5l.l; Duclos v. Harris County, 298 Y. W. 417; Binford v.
Robinson, 244 S. yr’. 807)
The Constitution fixes the compensation of eer-
taln officers, en4 authorizes the Leglalature to provide by
law for the co;l3ensatlon of all other oftloere, serva&ta,
agents en4 public oontraotora. Punwant to the authority
thus conferred numerous statutes have been passe4 fixing
the coapensction oi various olasses OS OfffOera. However,
a8 above stated, we fail to fin4 any authority authorizing
the payment of the above mentioned expanses out of county
flUIds.
Therefore, we respeotfally an&war the above stat-
ed question in the negative.
Yours very truly
ATTORXXTGlBXXAL OF TZ%AS
BY Ardell Willlams
A..~ ,.,~ Amia tant
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