Untitled Texas Attorney General Opinion ( 1947 )

R-167
Hon. W. P. Herms, Jr. Opinion No. V-122
County Auditor
Waller County Re: Authority of the Commis-
Hempstead, Texas sioners’ Court to allow the
County Auditor extra Corn-
pensation for keeping cer-
tain records relative to
road and bridge expendi-
tures under the facts sub-
mitted.
Dear Sir:
Your request for an opinion from this Department on
the above subject matter is as follows:
“Road District No. 7, Waller County, Texas
voted a $500,000 bond issue for road purposes,
bonds were sold December 1945, contract for
road construction was let in June 1946, and ex-
penditure of said funds has proceeded since that
date.
“In addition to the regular ledgers and rec-
ords kept by me, as County Auditor, at the re-
quest of the Commissioners’ Court, I have kept
detailed records on tha expenditure of each road,
as such approximate allocations were set up by
the Commissioners” Court. These allocations of
amounts to be spent for each road, however, are
not set up in the bond order, but merely recorded
by Commissioners’ Court as a guide in expendi-
ture of funds.
“There are 19 road divisions; and, as stated
above, I have kept a detailed ledger on the amounts
spent for each road and what said amounts were
spent for--this in addition to regular ledgers re-
quired.
“The question has arisen as to:
‘1. Whether Commissioners’ Court has au-
thority to allow me extra compensation
Hen. W, P. Hsrmr, Jr. - Page 2 Opinion No. V-122
for keeping Road Diatrht No. 7 records
;h$“g z;;&A$r. (Art.
“2. Whether Cammissioners’ Court has au-
thority tc allow me *mpensatben for ex-
tra ledger* and reeotig wbS& #hey desire,
but which record6 art
--r a4 reguirod of me
as Auditor.
“1 &all appreciate yaur epinisn as to whether
I am authorized to approve warrant8 for compmsa-
tion emanating from either of tbe above two scrviocs.”
Wallcr County has a population of 19,280 itiabitants ac-
cording to the 1940 Ftderal Census and an assessed valuatieu tf
$21,540,365.00 accordiq te thr 1946 OUXrolls. The county wditor
of Wailer Counv is Ql~mp4n~ted aa a salary baris and him com-
pensation io gorexated by A8Wiel~ 1645, V.C.S, (A&P 1941, 47th Leg-
islature, page 1331, Chapter 601.)
Article b651 provides:
‘The auditor shall huvt a general eversight of
all books aad rtmrdt of all the C@&MS(I of 9&r ceuu-
ty, district Qr State, whe m4y bt a*Ylo*izd or he-
@red by law to receive ot coilcCt asy money, Sands,
fees or ether property for the use of, er belonging to,
t&e county; and he shall ste to the atrict enfer@nment
of the Iaw geverning county finances.”
Article 1656 prevides:
We quote the fallowing from our Qpirion No. O-3801:
L -
Hon. W. P. Herms, Jr. - Page 3 Opinion No. V-122
“The compensation of public officers is fixed
by the Constitution and statutes. An officer may
not claim or receive any money without a law au-
thorizing him to do so, and clearly fixing the amount
to which he is entitled. An officer is not entitled to
any compensation in addition to that which has been
fixed by law for the performance .of the duties of his
office, even though the compensation so fixed is un-
reasonable or inadequate. He may be required by
law to perform specific services or discharge addi-
tional duties for which no compensation is provided.
The obligation to perform such services is imposed
as an incident to the office and the officer by his ac-
ceptance t?Iereof is deemed to have engaged to per-
form them without compensation. Terre11 v. King, 14
. . ) 786; McCalla v. City of kockdale, 246 S.W.
654; Texas Juris., Vol. 34, p. 531.)” (Underscoring
ours)
We know of no provision in the statutes of this State pro-
viding for extra compensation for performance of the duties out-
lined in your request. The Commissioners’ Court is a Court of
limited jurisdiction and has only such powers as are conferred upon
it by the Constitution and statutes of this State by express terms or
by implication. Von Rosenberg v. Lovett, 173 S.W. 508; Miller v.
Brown, 216 S.W. 452; Howard v. Henderson County, 116 S. W. (2d)
479; Galveston H. & S. A. Railway Company v. Uvalde County, 167
S. W. (2d) 1084; 11 Tex. Jur. 564.
We know of no provision in the Constitution or statutes of
this State which confers upon the Commissioners’ Court the power
to expend county funds for the purpose of granting extra compensa-
tion to the County Auditor for the performance of those duties out-
lined in your request.
It is, therefore, the opinion of this Department that the
Commissioners’ Court of Waller County is not authorized to allow
extra compensation to the County Auditor under the facts submit-
ted.
SUMMARY
The Commissioners’ Court of Waller County is
not authorized to allow extra compensation to the
County Auditor for keeping Road District No. 7 rec-
ords nor for keeping detailed records of the expendi-
tures upon each raad of the county.
Yours very truly,
APPROVED ATTORNEYGENERALOF TEXAS
p’: “4a& By
AT%EY GENERAL
OF TEXAS
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