Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN blr.Lotus Hamriok County huditor Hopkins County Sulphur Springs, Texas Dear Sir: risonlr iA hia oustodf. 4, 1939, addressed to Hon- stant Attorney General, hae the opinion of this offioe on the fol- "Is it permissible for the Com- s Court $0 appropriats$l,~OO.OO 8 General Fund for the aontrol 8 and pooket gophers fn Hopkins County?" (2) "1s it permissible for a sheriff who is on a salary to draw 45b per day for the feeding of prisoners in jail?" Mr. Locus Ha&ok, Page 2 It is elementarythat a CommissionersCourt has only such authority as is given by th8 Constitutionand statutes,either expresslyor by neoessary implication. Since the repeal of krtioles 192 and 192a, Derissd Civil Statutes, by the Forty-sirat _ . Legislature,there has been-no general statute authorlzlngsuoh oourts to pay a bounty on wolves or coyotes. There are now several speaial statutes authorizingthe CommissionersCourts OS certainmounties to pay bounties Sor the axtermInationOS wolves, ooyo$es, pocket gOph8rs and other predatory animals, but none OS them apply to Hopkins County. In the absenoe OS suoh stat- utory authority, the CommiesionersCourt oS said oounty may not legally pay a bounty Sor the extsminating OS sIther wolves, ooyotes or pooket gOph8rS. We oall your attention to Artld``190, Rerlsed Civil Statutes,which speoliioallyauthorI& the CommIs- sionera Court OS any oounty to purohaee the neoss&ary poisons and aooessoriesrequired by the oitieens oS tha oounty Sor the purporreOS destroyingw.olves,ooyotes, gophers and many other namsd predatory animals. This statute hna not been repealed, and Is aontrolling. It aae so oonstrued by this ossioe In DepartmentalGplnIon.190. 2306, dated bxaroh8, 1921, a copy OS whIah Is herewith enolonad. IA amwe? to our seoond questlon~ you are ad- vised that ever slnoe Ianuary 1, 1936, the site&Ire date OS Chapter 46.6,Aeta of the SeaoDi Oalled Session of the Forty-fourthLegislature,generally knowm aspthe WOSfIoers Salary AoV, this oSSIa8 has consistentlyheld that where a sheriff 1s oonpensatedon a salary basis,‘the Commissioners Court IS unauthorizedto pay him any See whatsoever Sor sbr- rices persowed and oannot allow him amy speoIfio sum Sor the boarding of prisonera,but only for aotual expenses~in- ourred by him in Seeding the prisoners In his custody. I am herewith enolosing you a oopy of an opfnfon written by Honorable James N. 'Uff, a foI?aUrAssistant In this offiae, dated Ootober 13. 1937, and addressed to Hon- orable Alvin Pape, County Attorney, Se&n, Texas, wherein the above views are expressed. Kr. Lotqs Bamrlok, Page 3 Hoping that we have given you the ihiomation re- quested,we are Very ttily yours AlTORNEY GENERAL OF TEIAS n Aeeietant BWB:FL APPROVED ENCLOSURES OPlNlON COMMIITEE APPROVECAUG11, , ATTORNEYGBXERAL OB TEXAS