Honorable R. F. Robinson
County Attorney
Willacy County
RaymordVllle, Texas
Dear Sir: OpFnion No. O-6654
Re: Authority of Commissioners’ CMi.rt
under general road law to purchase
pick-up trucks, dump trucks or
passenger vehicles for use of county
commisstoners In supplying materials
for county road grading machinery.
We have received your recent request for an opinion,
quotea as follows:
“The Commissioners of this County are
finding it difficult to secure the servfces
of a capable man to perform road work with
the necessary machinery an8 equipment, wlth-
out provlaing a dump truck or pick-up truck
In which to carry necessary supplies to main-
tainers, and trucks + Due to the scarcity of
tires and vehicles, it is next to Impossible
to find a capable man to handle the malnten-
ante of the roads who is in position to supply
a passenger car or pick-up in wh!.ch to carry
oil, gasoline and other supplies to the maln-
talners a
“Will you kindly ad&e me whether or not,
in your opinion, County Commissioners have the
right, under the direction of the Commissioners t
Court to purchase with County funds, pick-up
trucks or c¶umptrucks OP passenger vehicles to
be used by the County Commissioners OP thefr
employees for the purpose of supplying materials
for County road graalng machinery.
The population of Wlllacg County is 13,230 Inhabitants
according to the 1940 Federal Census.
After a careful search of the statutes we are unable
to find any special statute, or road law, under which Wlllacy
Honorable R. F. Robinson, page 2 o-6654
County operates, therefore, the general road law fs applicable
to Wlllacy County.
Commissioners' Courts are courts of limited jurisdlc-
tion, in that their authority extends only to matters pertaln-
ing to the general welfare of thefr respective counties, and
their powers are only those expressly OF lmplledlg conferred
upon~them by the Constitution'and statutes of the State.
Also, Commissioners1 Courts have Implied authority to do what
my be necessary in the exercise of the duties or'powers con-
ferred. upon them. See Tex. Jur., Vol. 11, pps. 565-566,
Article 2351, Revised Civfl Statutes of Texas, 1925,
provides, among other things, that the Commissioners! Court
shall:
“3 . Lay out and. establish, change ana aiscon-
tinue public roads and highways,
“4. Build bridges and keep them in repair.
110 0 . e
“6 o Exercise general control over all roads,
highways, ferrres ana bridges in theilr
counties .,‘I
Article 6741, Revised Clvll Statutes of Texas, 1925,
provides as follows:
"The commissioners court may make and enforce
all reasonable and necessary rules and orders for
the working and repafring of publfc roads, and to
utilize the labor to be usea and money expended
thereon, not In conflict wfth the laws of this State.
Said court may purchase OP hfre all necessary road
machinery, tools OP teams, and hire such labor as
may be needed fn additfon to the labor requfred of
cftlzens to build or repafr the roads."
We deem it a reasonable assumption that the transport-
ing of oil, gasoline, and ot,her supplies to the road malnten-
ante machinery Fs a vital and necessary function in the es-
tablishment and mafntenance of a county's 7-oaa system. AlSO,
the hauling of rock, sand, gravel, and other necessary mater-
ials would be equally as necessary a function and duty in the
establishment and maintenance of such road system. We belfeve
that a pick-up truck and a dump truck would each have a use-
ful and necessary part to play in the discharge of the next
Honorable R. F. Robinson, page 3 O-6654
above mentioned duties, but we do not believe that a passenger
vehicle is, by Its very nature, suited to the needs herein set
out.
Therefore, it is the opinion of this department that
the Commissioners' Court of Wlllacy County has the authority
to purchase out of the Road and Bridge Fund of the county
pick-up trucks ana dump trucks to be used for the purpose of
supplying materials for the road grading machinery of the
County. On the other hand, we do not believe such court has
the authority to purchase passenger vehicles to be used by
the County Commissioners, OP their employees, for the purposes
outlined by you.
We trust the forgoing fully answers your question.
Yours very truly,
ATTORNEY
GENERALOF T'E73S
By s/Robert L. Lattimore, Jr.
Robert L. Lattlmore, Jr.
Assistant
RLL:LJ:wc
APPROVRG JUN 25, 1945
s/Carlos C. Ashley
FIRST ASSISTANT
ATTORRRYGRNRRAL
Approved Opinion Committee By s/BwB Chairman