mrc ATTORNEY GENERAL
CDIFTEX~~
September 10, 1951
Hon. Sam Lee Opinion No. V-1275
County Attorney
Brazoria County He: ,iuthority of the commis-
d-let 3n, ‘Texas sioners t court to employ
and fix the compensation
of an inspector to ad-
vise the connissioners’
court periodically re-
garding the condition
of county-owned fire-
Dear Sir: fighting equipment.
Your request for our opinion reads in part
as follows:
“Article 23.51a-1 of the Revised
Civil Statutes provides that the com-
missioners courts in all counties of
this state shall be authorized to fur-
nish fire protection and firefighting
equipment to the citizens of such coun-
ty residing outside the city limits
within the county. It further gives
the connissioners court authority to
purchase fire trucks and other fire-
fighting equipment on competitive bids.
This article further provides that
such equipment shall only be purchnsed
after a majority vote of property-
owning taxpayers, and qualified voters
have so authorized the same at a coun-
ty-wide election called for that pur-
pose.
II. . .
“An election was held in Brazoria
County on the 8th day of January, 1949,
for the purposes outlined in Article
2351a-1, and the same carried by major-
ity vote, and warrants were issued and
firefighting equipment including fire
trucks were purchased. The commissioners’
court organized a county fire board con-
sisting of several fire chiefsover the
Hon. jam Lee, Page 2 (V-1275)
county, and at the present time this fire
board looks after the property without
compensation. Since Brazoria County now
owns considerable firefighting equipment,
the commissioners court wishes to employ
an inspector who would be under the
direct supervision of the court and would
file monthly reports with the court in-
dicating the results of his periodic in-
spection of all the firefighting equipment
owned by the county including the fire
trucks and all other firefighting equip-
ment.
“The commissioners court has asked me
the following questions:
(1) Can the commissioners court of
Brazoria County employ such an inspector?
(2) If the commissioners court can
employ such an inspector, what would be
the limitation on the salary that he could
receive?”
In Att’y Gen. Op. 0-4326 (1942) it is stated:
“After the purchase of the fire-
fighting equipment and fire trucks in
the manner outlined by Article 2351a-1
it is our opinion that the commissioners’
court would have the implied authority to
employ a utility man for the care and
maintenance of the county fire trucks.”
In Snellen v. Brazoria County, 224 S.V. 2d
3u5,309 (Tex. Civ. App. 1949, error ref. n. r. e.), it
was held that
“The power of counties to house the
fire equipment and trucks, which the
counties are authorized to acauire. so
as to maintain same in a condition.of
readiness for instant use is necessarily
imolied. we believe in the grant of ex-
press power to counties to acquire fire-
fighting equipment and fire trucks for
the protection of its citizens outside
of city limits.” (Emphasis added.)
lion. sam Lee, pace 3 (V-1275)
It is our opinion, therefore, that the
commlssionerst 30urt may employ an inspector to
make periodic inspections of the fire trucks and
other firefighting equipment belonging to the
county and compensate him for such services.
There is no statutory provision which
speclfically.sets the salary to be paid such
inspector. Article 3902, V.C.S., cited in your
brief, is applicable only to deputies, assistants
and clerks of district, county, and precinct ,of-
ficers; and, therefore, it has no application to
the inspector of firefighting equipment of the
county.
In answer to your second question, until
the Legislature fixes the,salary of such inspector
it is left to the sound discretion of the commis-
sioners’ court to determine the salary to be paid.
Att’y Gen. Op. V-749 (1948).
S-Y
The commissioners1 court has lm-
plied authority under the provisions
of Article 2351a-1, V.C.S., to employ
an inspector to make periodic inspec-
tions of firefighting equipment be-
longing to the county and pay him a
reasonable salary for such services.
APPROVED
: Yours very truly,
J. C. Davis, Jr. FRICE DANIEL
County Affairs Division Attorney General
Jesse 1‘. Luton. Jr.
Reviewing nssistant
BY #;?izew
Everett Hutchinson
Executive Assistant Assistant
BA: gs: awo