Untitled Texas Attorney General Opinion

Honorable Jack Wiech County Attorney Cameron county Brownsville, Texas Dear Sir: Opinion No. O-4747 Re: Sheriffs' -- Commissioners' Court -- control over court- house. Your request for opinion upon.the following stated questions: "1. Does the Sheriff of Cameron.County have the author- ity to determine whether or not, as a matter of public con-~ venience, space in the lobby of the county courthouse may be used by a prlvate,individual for the purpose of conducting a cold drink and cigar starid? "2. Does said sheriff have the authority to name such private individual? “3. Does the Sheriff of Cameron County have charge and control of the courthouse of said county to the extent that it is within his authority to determine whether or not the court rooms thereof may be used for purposes other than hold- ing court, such as political meetings and club meetings of various kinds?" liasbeen received and carefully considered by this department. In the case of Doflsonvs. Marshall, Tex. Civ. App., 118 S.W. (2d) ‘621, writ refused, the court held that the action of the county commissioners' court of Grayson County, Texas in permitting an indlvl- dual to maintain a cigar and cold drink stand in an unused alcove in the rotunda of the county courthouse for a stipulated rental, such privi-~ lege being terminable at the will of the commissioners' court, was dis& cretlonary, and could not be interfered with by the courts in a suit to enjoin the granting and exercise of such privilege, where the exer- cise of such privilege would not interfere with the proper use of the courthouse or cause the county any expense, and would afford a conven- ience to those transacting business in the courthouse. Honorable Jack Wiech, Page 2 (O-4747) Upon the authority of the case of Anderson, County Judge, et al, v. Wood, Sheriff, Tex. Sup. Ct., 152 S. w. (2d) 1084, cited in your letter, and authorities there cited, including Dodson v. Marshall, supra, we anewer each of your questions in the negative. Yours very truly ATl?ORNEYGENEBALOFTEXAS By /e/ Wm. J. Fanning Wm. J. Fanning Assistant WJF:nw:lm APPROVED AUG 4, 1942 /s/ Gerald C. Mann ATTORNEY GENEF4ALOFTEXAS APPROVED OPINION COMlaTTEE BY /8/ BWB CHAIRMAN