001
TntiArrom GENERAL
OP~XAS
Hon. Robert M. Allen Opinion No. S-01
County Attorney
Rusk county Re: Authority of a county to
Henderson, Texas leas'ereal property and
erect a pen to impound
livestock taken by the
sheriff or constable in
Dear Sir: enforcing the stock law.
Your request for an opinion of this office
relates to the stock,law of Rusk County. A numer of
years ago Rusk County voted a stock law which prohibits
the running at large of stock and a petition has beeti
presented to the commissioners' court requestingen-
forcement of this stock law. There is no pen available
In which to impound animals found to be running at
large and the question presented !Ls "Can the Auditor
sign warrants for the lease of ground and building of
a pen to impound livestock, including,cattle, horses
and mules?"
Article 6965,V.C.S., provides:
"It shall be the 'dutybf any sheriff or
constable of any county, or subdivision
thereof; within this State, where the provl-
slons of this chapter are or may hereafter
become operative, to seize any stock which
may become known to him to be runnlng at
large on any outside premises where the pro-
visions of the stock law are in for,ce,and
Impound the same in some place provided for
that purpose, and lnune~dla'tely
not,ifythe
owner thereof, if such owner Is known to
such officer, who may redeem the same on "
the payment of an impounding fee of one
dollar per head, and an additional fee of
twenty-five cents .per day Rer head.'fOr each
day such stock Is so kept.
The decisions of the Texas courts have repeated-
ly held that the cgmmlssloners' court is a court of limited
. .
Hon. Robert M Allen, page 2 (S-01)
jurisdiction and has only such powers as are conferred
upon it, either by express terms ,or by necessary lmpli-
cation. 'bv the statutes and Constitution of this State.
Childress County v. State,127 Tex. 343, 92 S.W.2d 1011
A;p.
( 936)"'
141Von R ,173
. Hall,
S.W.
280
508
S.W. 289
(TBx.Clv.
(Tex.Civ5ipEy
In Moon v. Allred, 277 S.W. 787 (Tex.Clv.Apb.
'1925,error d-lam.),'the court stated:
"Next in order is the insistence that
the commissioners court 1s without power
under Arti 61.0to issue bonds to purchase a
site or equipment for the courthouse ,and
jail as sought to be done here. The queB-
tlon a8 to the power to Issue bonds for site
or equipment, as an indepehdent proposition,
ls not Involved. The power to issue the .,
bonds must be derived from'the statute
referred to, and it must be,looked to in
order to ascertain whether the authority Is
given. The rule of construction as often
declared by our Supreme Court is:
"'Whenever a power Is given by statute,
everything necessary to make It effectual
or reoulslte to attain the end Is implied.
*The grant off'
an express power iarrles
wlih'it, by necessary lmpllcation, evary
other power necessary and p&per to the
execution oc the 'powerexpressJy granted.'
Terre11 S' k 104 Tex. '191,135 3.W.
519." (E&ha% :ided~.)
It will be noted that an express duty Is placed
upon the sheriff or constable of a oounty to,enforce
the provisions of the livestock law and suoh law cannot
be enforced by enforcement officers unless there Is
Implied power to acquire land and build pens .thereon In
which 'to impound livestook found to be:runnlngat
large.
You are therefore advised that Article 6965
authorizes the leasing,of land and.the bulldlng of pens
thereon necessary to Impound livestock, and that the
County Auditor has authority to issue warrants In payment
c-. .
Hon. Robert M. Allen, page 3 (S-01)
therefor. However, we would llfceto point out that
the lease agreement should expressly reserve to the
county the right to remove the pen upon termination
of the lease.
SUMMARY
Article 6965, V.C.S., authorizes the
leasing of land and the building of pens
thereon necessary to impound livestock in
the enforcement of the stock law and the
County A~uditorhas authority to issue
warrants in payment therefor.
Yours very truly,
APPROVED: JOHN BHN SHEPPERD
Attorney General
J. C. Davis, Jr. :
County Affairs Division
Mary K. wall
Reviewing i@sistant
Assistant
Robert S. Trotti
First Assistant
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