Nonpartisan public records for Texas special districts Resident sign in
Texas Open Books

Texas law on any date › Attorney General opinions

Attorney General Opinion WW-0079

Issued March 25, 1957

Cites: CV §6

The Attorney General's page · official PDF

.~AUcr-rEN 11. Tszc‘%n WlEL w&&e,* ,,’ ‘X ‘~ ;: ,.‘~ ,’ 41TORNh* rJ*:N~tiAt. .’ ,’ ‘.I,.: ! > March 25, 1957. I.. 'HonoPabl&A. 'Ci S@ncer, Executive Director, Texas State Soil Conservation Board, 1012 First National Bank Building, Temple, Texas. Opinion No. WW-79 Rer Autherity of the Com- nlssioners~ Court of a ', 'F,, ~~, County to pay the sal- ,"' ,,,., i arles of a secretary and business manager :,, for a Soil Conservation Dear Mr. Spencer: District. You havq,Sequeated an opinion on the following question:. ; m, '1, ,, : "Ia It legal for the Commi.aal.oneral Court of a County to UIQ Ceuaty funda to pay part or ,all of the tort involved in providing a aecretkry or .businerr manager for a aoil coris‘slit)ation~dlstrlot?" ..'~ 2 ,, The Commlaaionerr*Court is a court of limited juria- diction and has only such powers as are conferred upon it either by express terms or by necessary implication. Chlldrer6 County V. State, 127 Tex. 343, 92 5. W. 26 1011 (1936); Von Rosenberg 173 9. W. 508 (Tex. Civ. App. 1915)-ill v. Sterrett, 252 3. W. 2d 766 (Tex. Civ. App. 1952, error K, n.r.e.). We have carefully examined the provisions of Article 165a-4, Vernon's Civil Statutes (State Soil Conservation Law) and have failed to find any provision which would authorize the Commissioners1 Court of the county to expend county funds for the purpose of providing a secretary or business manager for a soil conservation district. On the contrary, Section 6 authorized soil conservation superviisorr to 'employ such offi- cera, agents, and employees, permanent and temporary, as they may require, and shall determine their quallficatlons, duties, and compensation." Honorable A. C. Spencer, page 2 9 w-79 Likewise, we have examitaed the provisions relative to the powers of the CommIssionerr 1 Court and have failed to find any statute which would authorize the aounty to expend county funds for the, purpose mentlonsd in your request. In view of the foregoing, you are advised that the Commlasloners~ Court of a county Is not authorieed to use county fund8 to pay for the coat involved in providing a recretary or business man- ager for a soil conservation district. SUMMARY The Commissioners I Court of a county la not authorized to use county funda to *pay for the coat involved In pro- viding a secretary or burinesa mana- gsr Por a Soil Conservation District. Very truly youra, WILL WILSON Attorney ffeneral JR:Frrh APPROVED: OPINION COMMITTEE .’ H. Qrady Chandler, Chairman

Attorney General opinions are persuasive, not binding on courts, and answer questions of law, not fact. Text extracted from the official PDF. Not legal advice.