Untitled Texas Attorney General Opinion

OF AS September 11, 1951 Hon. D. Richard Voges Opinion No. V-1278 County Attorney Wilson county Be: Authority of Wilson Bloresville, Texas ,County to issue bonds to construct a building to house the County Agents, the C.ounty gome Demonstration Agent, the Production Market- ing Administratisn of- Dear Mr. Voges: fice and the like. 1~ Your request for an opinion relates to the authority of a county of less than 20,000 popu- lation to co$struct a building to be used by the County Agent, the County Home Demonstration Agent, t,he Soil Congervation Office, and the Production and Marketing Atiinistration by the issuance of county~wide bonds. If bonds may be issued for such a purpose, you also wish to know if a petition is required and what is the maximum tax rate that the county may fix in order to retire the bona issue. We believe the question yoti resent is answered by Att’y Gen. Op O-7036 (19467,wherein it was stated: “The courts of thia State have re- peatedly held that a county oanhot issue bonds unless such power is expressly con- ferred by law. such is the established doctriqe in this State, and has been from an early time. It was affirms&in the original appeal from San Patric 0 County v. YcCl@ne, 44 Tex. 392, ana re terated in Robison.v. Breedlove, 61 Tex. 3,6; l also in Lasater v. Lopez, 217 S.W. 373, 110 Tex. 179." 1) 0 . e “We have failed to find a statute in this State expressly authorizing a county . ‘. Hon. D. Richard Voges, page 2 (V-1278) to colfstruct the type building mentioned in yoqr request. Therefqre, it is the opiniqn of this Departmeqt, based on the foregding decisions of the courts of this State; that a county 606s not have the autholrity to issue . . . bonds for the purpose of constructing an agricultural building in which to house the oounty agent and the A.A.A. off$ces.* Article 2370(a), V.C,S. (H,B. 382, Acts 51st Leg. 1949, ch. 60, p. loo), authorizes.the is- suance of.negotiable bonds .for the purchase, con- struction, or otherwise acquiring of additional of- fice space if the courthouse is not adequate to properly house all county offices. We need not ae- tide whether any or all of the offices named by you are “county offices” within the meaning of this statute; since it expired by its own terms on Sept. 1, 1951, at the latest. You also ask whether these offices could be considered experiment stations so as to author- ize the county to issue~bonas under the authority granted by Artiale 163a, Y.C.S. The definition of an experiment station is a station established “for the purpose of making experiments and conducting in- vestigations in the planting and growing of agricul- tural and horticultural crops and soils, and the breeding, feeding and fattening of livestock for slaughter.” Att’y Oan. Op. o-7483 (1946). We do not believe that @ building for any of the named offices can qualify as an “experiment stationR under this definition; therefore, Article 163a, V.C.S., has no application. This office, fJllowiug the decisions of the courts ha& repeatedly held that:,,the commissioners* court is a court of limited jurisdiction and has only such powers as are conferred upon it, whether by ex- press teds or by necessary implication by the stat- utes and-Constitution of this State. Childress County V. State; 127 Tex. 343, 92 S.W. ?a, loll .(1936) V 173 S.W. 508 (Tex. Civ. Apb.-&5 . Hall, 280 S.W. 289 (Tex. civ. / App. 1925); 11 032, Counties Sec. 95, 20 C. J.S. 1006, Counties, SiE. 174. .’ . Hon. Richard D. Voges, page 3 (V-1278) In view of the foregoing, it is our opinion that Wilson County is not authorized to issue bonds to construct buildings for the County Agent, County Home Demonstrtition Agent, the Soil Conservation Office and the Productioq and Marketing Administration. There is no authority for Wilson County to construot a building by the issuance of bonds for the purpose of housing the County Agent, the County Home Demonstration Agent, the Soil Con- servation Office, and the Proauction and Marketing Administration. APPROVED: Yours very truly J. C. Davis, Jr, PRICE DANIEL County Affairs Division Attorney General Jesse P. Luton, Jr. Reviewing Assistant ByGa Everett Hutchinson Burnell Waldrep Executive Assistant Assistant BW:awo