Untitled Texas Attorney General Opinion

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