Untitled Texas Attorney General Opinion

March 6, 1952 Hon. Sam #. Davis Opinion No. V-1415 Mstrict Attorney Houston 2, Texas Re: Authority of the commis- sioners’ court to expend county funds to pay ex- penses for members of the county juvenile department to attend a national con- ference of juvenile agen- Dear Sir: ties. You have reauested an ovinlon of this of- fice with regard to the authority-for payment of the expenzes of members of the county juvenile de- partment . . . while attending State or National meetings of Institutes or Conventions,which have a direct bearing on juvenile problems. It was held in Attorney General’s Opinion 0-810 (1939) that Article 3899, V.C.S., providing for payment of “all reasonable expenses necessary in the proper and legal conduct” of various district and county offices did not include expenses incurred by the various officers in attending their respective officers ’ conventions. In this opinion it was said: ?ie are unable to find any statutory authority authorizing the commissioners’ court to pay the expenses of the above named officers to their respective officers’ con- ventions, and though reasonable in amount, under the statutes referred to, such ex- penses would not under the authorities cited be ‘necessary in the proper and legal con- duct of their respective offices.’ This opinion has been repeatedly followed in subsequent opinions which hold that a county can- not, in the absence of statutory authority, pay the expenses incurred by an officer while attending a O-2117 (1940), O-4483 ~~~~e,;"'~;27"5t~~4~~n'OO-~~gti1943), O-6599 (194'j), o-6920’(1946), and v-?% (1948 Hon. Sam W. Davis, page 2 (V-1415) In Attorney General's Opinion O-5275 (1943), a question almost Identical to that presented in your inquiry was asked by the county auditor of Tarrant county. It was there held that the commissioners' court of Tarrant County was not authorized to expend county funds for the purpose of paying expenses of the members of the Tarrant County juvenile depart- ment in attending national conventions of juvenile agencies. This holding was based upon a lack of stat- utory authority for such an expenditure. The statute involved in Opinion O-5275 was Article 5142b, V.C.S. The statute here involved is Article 5142a, V.C.S., but we are unable to find any difference in statutory language which would permit the payment of such expenses to members of the pro- bation department of Harris County. It is therefore our opinion that Opinion O-5275 is applicable to your question. In view of the foregoing, we agree with your conclusion that the commissioners' court has no authority to defray the expenses of members of the probation department of Harris County in attending national conventions of juvenile agencies. SUMMARY The Legislature has not granted the commissioners' court of Harris County the authority to defray expenses of the proba- tion department of Harris County in attend- ing national conventions of juvenile agencies. Yours very truly, APPROVZD: PRICE DARIIEL Attorney General J. C. Davis, Jr. County Affairs Mvlsion E. Jacobson Reviewing Assistant By&eeF Assistant Charles D. Mathews First Assistant JR:mh