Untitled Texas Attorney General Opinion

Honorable Jules Damlanl, Jr. Opinion No. M-334 Criminal District Attorney 405 County Courthouse Re: Whether the Commissioner's Galveston, Texas 77550 Court may authorize pay- roll deduction for union dues of members of the State, County and Mun- icipal Workers Union Dear Mr. Damlanl: AFL-CIO? You have requested our opinion concerning the above queetion. Since the Comml88loner8 Court has no express power to make payroll deductions, It cannot rely upon Its Implied powers for authorizing this type of dlsburrement. Texas Con- stitution, Article V, Section 18, provides that the Commissioners Court shall exercise such powers and jurlsdlctlon over all county mattera a8 1s conferred by the Conetltutlon and the law8 of the state. In Canales v. Laughlin, 147 Tex. 169, 214 S.W.2d 451, 453 (1948), the Supreme court of Texas held a8 followe: "The Conetitution does not confer on the comml~elonera court8 'general authority over the county bu8lnetxi'and 8uch court8 can eXerCl8e 0nl.V auoh Dower8 88 the COn- etltutlon ltaelf-or the-statute8 have 'ispecl- flcally conferred upon them.’ While the commlesloners court8 ia;e'a broad discretion In exercising powers expressly conSerred on them, nevePthele88 thi,legai baels for any action by any such court must be ultimately fauna In the Constltutlon or the 8tatute8." (WlphaBl8 aaaea.) In 15 Tex. Jur.2d 265, Countlea, Sec. 37, the follow- ing Is stated: "The Conatitutlon declare8 that the Com- mi88iOner8’ COUrt ‘8hall eXeIWli?E such power8 and jurl8dlctlon over all county bueineaa a8 - 1646 - Hon. Jules Damlanl, Jr., page 2 (M-334) Is conferred by the Constitutionand the law8 of the State. Under this provision, the power8 of the Commissioners'Court8 are limited strictly t0 COUnty bU8ine88. The LegiSlatUre has no au- thority to enlarge their vowers or .iurlsdlctlon to other activltres, and any attempt to do so Is void." (Emphasis added.) The Legislature has enacted Article 6252-3a, Vernon's Civil Statutes, authorizing dues deductions from certain city employees, but we find no such statutory authority applicable to county employees. It Is noted that In Attorney General'8 Opinion No. M-77 (1967) this Department held that public em- ployees have the right to present grievances concerning their wages, hour8 of work, or conditions of work through a labor union that doe8 not claim the right to strike or bargain col- lectively, but there Is no statutory authority for the Com- missioners Court to withhold union dues of the union membere. We agree with your conclusion that the Commissioner8Court may not legally provide for payroll deductions from a county em- ployee's salary for membership dues, This office has previously held that county officials are without authority to make payroll deductions to a county employee's credit union when authorized and requested by county employees. AttcirneyGeneral'8 Opinion No. wW-1107 (1961). SUMMARY The CommissionersCourt may not legally authorize payroll deduction for union dues of member8 of State, County and Municipal Workers Union APL-CIO. J.&J truly youra, Prepared by Jack Sparks Assistant Attorney General APPROVED: OPINION COMMITTEE -1647- . - Hon. Jules Damiani, Jr., Page 3 (M-334) Kern8 Taylor, Chairman George Kelton, Vice-Chairman W. 0. Shultz Arthur Sandlln Sam Kelley Bill Allen W. V, GEPPERT Staff Legal Assistant -1648-