IE: GENERAL
Honorable John W. Warner Opinion No. M-654
County Attorney
Gray County Re: Whether a county is required
P. O.'BOX 635 to furnish office space for
Pampa, Texas the Home Demonstration Agent
and the County Farm Agent.
Dear Mr. Warner:
Your request for an opinion asks whether r3rayCounty
Is required to furnish office space for the Home Demonstration
Agent and the County Farm Agent.
We have not been cited to any statute nor have we
found any statute which requires the county commissioners court
to furnish office space for the above named agents. The statutes
which control the answer to your question are Article 164, Vernon's
Civil Statutes, and Section 1 of Article 2372e-2, Vernon's Civil
Statutes. Article 164 provides:
"The Commissioner's Court of any county of
this State Is authorized to establish and con-
duct co-operative demonstration work in agrlcul-
ture and home economics In co-operation with the
Agricultural and Mechanical College of Texas,
upon such terms and conditions as may be agreed
upon by the Commissioners' Court and the agents
of the Aaricultural and Mechanical College of
Texas; and may employ such means, and may ap-
roprlate and expend such sums of money as ma
!; ;;;;s;ary to effectively establish and carzy
emonstratlon work In Agriculture and
Home Economics in their respective counties."
(Emphasis added.)
Section 1 of Article 2372e-2, Vernon's Civil Statutes,
provides:
"The County Commissioners Courts and the
City Commission of any incorporated town or
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. .
Hon. John W. Warner, page 2 (M-654)
city of this State are hereby authorized to
lease, rent, or nrovide office space for the
purpose of aiding and co-operating with the
agencies of the State and Federal Governments
engaged in the administration of relief to the
unemployed or needy people of the State of Texas,
and to pay the regular monthly utility bills
for such offices. such as llahts, and water;
the County’s O&era1 Fund by warrants as In
the payment of such other’obligatlons of the
county.” (Emphasis added,)
In construing the provisions of Article 2372e-2, this’
office concluded In Attorney General's Opinion O-1928 (1940) that:
“It Is our opinion that such article fully
authorizes the commissioners’ court to make the
expenditures inquired about, if a majority of
the membership thereof has concluded the neces-
sity therefor, even though the office space so
furnished, miaht result in benefits to be derived
to the needy of adjoining counties.’ (Emphasis
added.)
Furthermore, this office concluded In Attorney Qeneral's
Opinion V-1272 (1951) that the question of "necessity" of expen-
diture of county funds for the purpose of providing telephone
service, office supplies and equipment and long distance tele-
phone tolls for offices of the County Agricultural Agent and the
County Home Demonstration Agent was left to the discretion of the
commissioners court. We quote the following from Attorney Gen-
era1 ‘s Opinion V-1272 (1951):
“This office has held that Article 164 pro-
vides authority for the expenditure of county
funds for the erection of a building to house
the County Agricultural Agent and the Home
Demonstration Agent. Att'y. Gen.Op. 0-251.6
(1940). We have also held that the same
statute authorizes the expenditure of county
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. .
Hon. John W. Warner, Page 3 (M-654)
funds for the purchase of kitchen equipment
to be used by the-home demonstration agent.
Att'y Gen. Op. O-b20 (1939). In view of the
foregoing, It Is our opinion that authority
exists for the payment of telephone service,
office supplies and equipment, and long dis-
tance tolls for the offices of the County Ag-
ricultural Agent and the County Home Demon-
stration Agent. However, the expenditure of
County funds for such purpose and the necessity
therefor is left to the discretion of the Corn-,
mlsslonersQ It;aur%
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?7~un%-y.ti%'~-y
%=I.
Op. O-b20 (1939)." (Emphasis added.)
In view of the foregoing we conclude that whether
office space is furnished by the county for the Home Demonstration
Agent and the County Farm Agent is left to the discretion of the
commissioners court. Therefore, in answer to your question you
are advised that the commissioners court is authorized, but not
required, to furnish office space for the Home Demonstration
Agent and the County Farm Agent. This opinion assumes that Gray
County has not entered into outstanding contractual obligations
pursuant to the above quoted statutes, whereby Gray County has
agreed to furnish office space for such agents.
SUMMARY
The Legislature has left to the commissioners
court to determine whether office space should be
furnished by the county for the Home Demonstration
Agent and the County Farm Agent. In the absence of
outstanding contractual obligations the commissioners
court is not required to furnish office space for
such agencies, but the commissioners court Is au-
thorized to furnish such office space under the pro-
visions of Article 164 and Article 2372e-2, Vernon's
Civil Statutes.
Vef(truly young,
Prepared by John Reeves
Assistant Attorney General
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Hon. John W. Warner, page 4 (M-654)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Glenn Brown
W. 0. Shultz
Gordon Cass
MEADE F. GRIFFIN
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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