June 10, 1957
Honorable Earl Rudder Opinion No. WW-156
Commissioner
General Land Office Re: Whether or not the Commlsslon-
Austin, Texas ers Courts of the various coun-
~tles are authorized to pay
compensation to Committee Msm-
bers acting under the provisions
of Sec. 15, Act. 5421111,Vernon’s
Dear Mr. Rudder: Civil Statutes.
In your letter of May 22, 1957, you have requested an
official opinion of this department, relative - to the _..
following
question: Whether or not the Commissioners Courts of tne va-
rious counties are authorized to pay compensation to Committee
Members acting under the provisions of Sec. 15, Art. 5421m,
Vernon’s Civil Statutes?
The Texas courts have consistently held that the Com-
missioners Court Is a court of lImIted jurisdiction and can
only exercfse such powers as are authorized by the Constitution
and statutes of this State, either by express terms or by neces-
sary Implicat Ion. Section 18, ,ArtIcle V, Tex, Cons-t.; Bland
v. Orr) 90 Tex. 492, 39 SOW. 558 (1887) ; Childr ss Countv v
State 127 Tex. 343, 92 SoW02d 1011 (19361; ROD:* v. Hall i80
S.W. $89 (Tex.Civ.App. 1925); Canales v. Lauzh1I.Q 147 Tek 169,
214 S.W.2d 451, 453 (19481,no writ history; Hill’v. Sterrett,
252 S.w.2d 766, 769 (Tex.Clv.,App. 1952, error,ref. n.r.e.1.
Article 5421m, Vernon’s Civil Statutes, reads in part
as follows:
“There shall be appointed by the Commission-
ers Court of each county In this State a committee
to be composed of three (3) residents of that county,
all of whom shall be real property owners In said
county. Any person deeming himself a veteran as de-
fined herewith, and desiring to benefit, hereunder,
shall submit to such committee such forms as may be
prescribed by the Board, and before he submits his
application of purchase and sales contract to the
Board, which the committee will consider and then
submit a report to the Board concerning the financial
Honorable Earl Rudder, page 2 W-156)
responsIbIl.Ity of the veteran, If such Is known,
a statement as to whether or not In thefr opfn-
Ion the transaction Is a bona fide, and a state-
ment from them as to what they consider Is the
reasonable value of the land In question. 0 o 0t1
Neither Section 15 of Article 542lm Vernon’s Civil
Statutes, nor any other statutory or constItu(lona1 provision,
contains any authorization, either expressly or by necessary
lmpllcation, for the Commissioners Courts of the various coun-
ties to pay compensation to committee members acting under this
statute.
We are, therefore, of the opinion that the Commlssion-
ers Courts of the various counties are not authorized to pay
compensation to committee members acting under the provision of
Section 159 Article 5421m, VernonOs Civil Statutes.
The Commissioners Court is a court of lim-
Ited jurisdiction and Is not authorized by the
Constitution OP statutes of this State. efther
expressly or by necessary implfcation, ‘to pay
compensation to commfttee members actin under
the provisions of Section 15, Article 5$ 21m,
VernonP s Civil Statu.tes.
Very truly yours?
WILL WILSON
Attorney General of Texas
By 6 >$. ;;?, -:,+-&/,)
B. H. TUrnIns, Jr. J
BHT:wam:wb AssIstant
APPROVED:
OPINION COMMITTEE:
H. Grady Chandler, Chairman
J. W. Wheeler
Byron Fullerton
Rfchard Wells
REVJEWEDFOR THE ATTORNEY
GENERAL
BY
Geo. P, Blackburn