EXE A ORNEY GENERAL
OF TEXAS
September 10, 1951
Eon. Wm. P, Davis Opinion No. V-1272
County Auditor
Ellis county Re: Legality of using
Warahaohis, Texas oounty funds to pay
r0r 0ffi013 ~~ppiie~,
sqUipm6nt and tels-
*one faallitiee for
county Home Demon*
stration Agents ana .
County Agricultural
Dear Mr. Davis: Agents; ..
Your request for an opinion presents for
determination the following qussclon:
“Can the County of Ellis legally
pay for office supplies and equipment,
telephone esrvios and long distanoe
tolls for the use of’ the County Agri-
aultural Agents ana the County Home
Demonstration agents?”
The deoisions of the Texas courts have
repoatadlp held that the commissioners’ court is
a oourt of limited jurisdiction and has only such
powor‘s as are oonrerred upon it, either by express
terms or by necessary lanplioation, by the statutes
and Constitution of this State, Chlldress Countat
V. State, 127 TAX. 3b3, 92 sew0 2av
Pan Rosenberg v. Lovett, 173 SOW, 508 (Tex. Cib.
A 1 15 f ) Roper v. Hall, 280 S.W.
2f;~"(T~x.'C?*&~s i9;5); Art. 2351, V.C.S.; 11
mx. Jur. 632, Countieti, Set, 95.
Article 164, V.C.S,, provides:
“The Cor:missionerPs Court of any
bounty of this State is authorized to
establish and oonduot oo-operative
demonstration work in Agriculture and
home economics in oo-operation with
the Agricultural and Meohanical College
of Tex- upon such teims and conditions
Eon. Wm. P, Davis,. page 2, (V-1272)
as may be agreed upon by the Commis-
sioners’ Court and the agents of. the
f$zic;;ural and kechanical College
; and nay employ such means,
and appropriate and expend such sums
of money as may be necessary to of-
reotively establish and oarry on suoh
demonstration work in Agriculture and
Home Economics in their respective
counties .I*
This office ha8 held that Article 164 pro-
vides authority for the expenditure of county funds
for the erection of a building to house the County
Agricultural Agent and the Home Demonstration Agent.
Att’y Gen. Op. O-2516 (1940). $6 have also held that
the same statute authorizes the expenditure of county
runas for the purchase of kitchen equipment to be
usea by the home demonstration agent. Att’y Gen. Op.
O-620 (1939). In view of the foregoing, it is our
opinion’that authority exists for th6 payment of tele-
phone service, office supplies and equipment, and long
distance tolls for the offioes or the County Agricul-
tural Agent and the County Home Demonstration Agent.
However, the expenditure of County funds for suah pur-
pose and the necessity thert:,Pore is left to the dis-
cretion af the Commissioners’ Court of Ellis County.
Att’y f&n. Op. O-620 (1939).
SDMJURY
The Commissioners’ Court of Ellis
County is authorized to expend county
funds in payment ot telephone service,
off+ioe supplies and equipment, and long
distance tolls for the orfices of County
Agricultural Agent and County Home D6mon-
stration Agent. The neoessity for these,
expenditures is left to the discretion
of the Court.
APPROVED: Yours very truly,
J. C. Davie, Jr. PRICE DANIEL
County Aftairs DivisiOn Attorney General
Jesse P. Luton, Jr.
Reviewing Assistant
Everett Hutohinson
Exxeoutive Assistant ;1
BW:Qs:awo