Untitled Texas Attorney General Opinion

Honorable Gayle R. Carden Opinion No. M-579 County Attorney, Hunt County County Courthouse ' Re: Legal authority of the Greenville, Texas 75401 Commissioner's Court of Hunt County to establish procedures concerning the custody and control of monies received by various Dear Mr. Carden: offices of the county. you have requested an opinion on the following two questions: "1. May the Hunt County Commissioner's Court legally establish financial procedures and also establish internal and inter-office control of monies received by the various offices of the County? "2 . May the Hunt County Commissioner'.~ Court legally order each office of the County to turn in all monies received for the day, and to deposit the same with the County Treasurer, by a certain time of the day, for - each business day?" In answering the inquiries, we begin with the proposition that the Commissioner's Court of'a county has only such powers as are expressly or by necessary implication given it by the Constitution and statutes of this State. Mills v. Lampasas County, 90 Tex. 606, 40 S.W. 403 (1897), Canales v. Laughlin, 147 Tex. 169, 214 S,W.Zd 451 (1948). It is also a well settled principle of law that where the Legislature prescribes a definite, certain method of procedure for a city or county, all other methods are by im- plication of law excluded. Foster v. City of Waco, 113 Tex. 352, 255 S.W. 1104 (1923), This office held in Attorney General's Opinion No. C-276 (1964) that under the provisions of Articles 1651, -2762- Hon. Gayle R. Carden, page 2 (M-579) 1656, and 1657 of Vernon's Civil Statutes, the County Auditor rather than the County Treasurer had the responsibility, con- sistent with the statutes, to recommend county financial pro- cedures and to suggest internal and inter-office control, specifically as to the manner and mode of transmitting funds to the County Treasurer for deposit in the county depository. You are therefore advised that the Commissioner's Court does not have the authority to establish financial pro- cedures in the handling of cash by each county officer. SUMMARY. The Commissioner's Court does not have the authority to establish financial procedures in the handling of cash by eachJounty officer. General of Texas Prepared by William J. Craig Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor,,Chairman W. E. Allen, Acting Co-Chairman Linward Shiver9 James McCoy Ken Nordquist Scott Garrison MEADE F.. GRIFFIN Staff Legal Assistant ALFRED WALKER Executive Assistant NOLA WHITE First Assistant -2763 -