HE Li%TORNEY GENERAL
0F TEXAS
February 17, 1958
Honorable Sam Lee Opinion Do. W-37X
District Attorney
Brasoria County Re: Whether Braeoria County
Angleton, Texas may construct a museum
building, issue time war-
rants to finance such
construction, and related
Dear Mr. Lee: queotions.
YOU have requested our opinion on the following questions:
"(1) Can the Braeoria County Commissioners'
Court issue time warrants to construct
a museum building?
"(2) Can Brasoria County maintain said museum
building and facilities in connection
therewith?
"(3) Can Brazoria County provide the funds
necessary to pay curators and other
personnel necessary to the operation
of the museum?
"(4) Can the museum be built, if it can be
built, on a location other than at the
county seat, or on what is now known
as the Fair Grounds?"
Section 1 of Article 2372d, V.C.S., as amended, is as fol-
lows*
"~11 counties in the State acting by and
through their respective Commissioners'
Courts may provide for annual exhibits of
Honorable Sam Lee, page #2 (WW-37P)
horticultural and agricultural products,
livestock and mineral products, and such
other products as are of interest to the
community. In connection therewith, such
counties may also establish and maintain
museums, including the erection of the
necessary buildings and other improvements,
in their own counties or in any other
county or city in the United States, where
fairs or expositions are being held."
In the case of Adams v. McGill, 146 S.W. 26 332 (Civ.App.,
1941, error ref,%, at page 334, the court said:
"The concrete question presented by this
appeal 1.58 Has El Paso County the power
to contract and pay for the construction
of the building in question with time
warrants?"
The building was to be constructed as an improvement on the
El Paso County Livestock and Agricultural Exhibition Build-
ing and the court held (page 335) as followst
"Article 2372d gives the power to con-
struct the improvement. We think im-
plied in that power is the authority to
use the revenues of the county within
lawful limits to construct the improve-
ment."
And at page 336 the sourt announced the rule aa follows:
"This proposition we deem sustained by
authority: A county, subject to the
express restrictions imposed by the Con-
stitution and general laws, has the power
to issue time warrants in payment for im-
provements it is expressly authorized to
-
Honorable Sam Lee, page #3 (WW-371)
construct, provided that the applicable
regulations relating ,to the issuance of
such warrants be observed."
We think this holding of the court applies with equal force
to the construction of county museum buildings, and your
first question is answered in the affirmative, providing
the warrants are issued within the limitations of Article
236Sa, V.C.S., as amended, and the debt thereby created is
justified by the taxable values of the county.
The Commissioners' Court, in the exercise of its sound dis-
cretion, may also provide fox such building maintenance and
personnel as may be necessary for the operation of the museum,
the rule being as follows:
*Whenever a power is given by statute,
everything necessary to make it effec-
tual or requisite to attain the end is
implied . . . The grant of an express
power carries with it, by necessary im-
plication, every other power necessary
and proper to the execution of the power
expressly granted.* Terre11 v. Sparks,
104 Tex. 191, 135 8.W. 519.
Accordingly, your second and third questions are answered in
the affirmative.
In reference to your fourth question, it is noted that Sec-
tion 1 of Article 23726, supra, includes the phrase "In con-
nection therewith." We do not construe this phrase to refer
to a particular site or exhibition building, but rather to
the power conferred upon counties to provide for exhibits.
That power is then broadened to include the additional powers
pertaining to museums. This statute confers a broad dis-
cretionary power upon the Commissioners' Court and we think
the legislative intent is clear to the effect that the Com-
missioners' Court, in the exercise of its sound discretion,
,
Honorable Sam Lee, page #4 MW-371)
is authorized to choose that site within the county which~
will best serve the county..
,,
Braeoria County Commi*sioners~ .Court may
issue time warrants to the extent per-
mitted by the 'county's taxable values,
within the limitations of Article 2368a,
V.C.S., as amended, to finance construc;-
tion of a museum building, may maintain
said building and its aontents, and may
employ personnel necessary for maintenance
of the building and operation of the
museum. The building may be constructed
upon any site within the county considered
suitable by the Commissioners' Court in
the exercise of its sound discretion.
Very truly yours.
WILL WILSON
Attorney General
By Howard W. May8
HWM-8 Assistant
APPROVEDI
OPINION COMWITTEE
George P. Blackburn, Chairman
Cecil C. Rotsch
J. Wark McLaughlin
J. Milton Richardson
John H. Minton
REVIEWED FOR THE ATTORNEY GENERAL
By: W. V. Geppert