Ii1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS
gonorable Wllliclm W, allon
Bounty Attorney
Lavaor Qounty
Sallatterille, Texas
Pulr Sir1
d oount,y
to nn
companyor oorpora-
oon8truotlon,out-
boundaF$ar of ruti'
Of‘,
lUOh o o unty, of
nmp q lteso r roads?*
we quote Zrwr 13 0.3. 537, eugrat
134
Bonorable William W. Allen, Page g
“In acaordanoe with the general rule
heretofore stated, that oounty boards or
oounty courts have no pow-era other than those
aonferred expressly or by neaaseary
Implication, such courts or boar&e have
no power to rent or lease property or
franohises owned by the oounty, in the
absence of statutory authority to do so.*
Thia~department held in Op$nlon No. O-8034, approved
March 12, 1940, that the commi6sioners~ oourt had no authority
tc lease grading equipment such a8 traotors and graders, to
a aontractor ‘who has taken a oontraot to ,bulld a road wltth-
in the oounty.
For your information, we euolose a copy of the
roregoing opinion. It dll be noted that this department
follow a prior ruling’ which held that mmml~alonsre* oourt
haa no authority, rxpr6~eeb or implied, to hire out county
road ~rsaahinery while euoh maehiuary is ldlo. The Legl8la-
tar6 by the prwisione or Artiole 85780 B6rnonta 4motatcld
Qi7il Statatre, hae ,granted to the ofnruL3ioner6~ oourt
authority to employ or permit to be employed road maahinery
or other road equipment in the s*FViea of soil oonaemtion
and prevention of s0i1 waBt@ through erodon, all of nhloh
la pointed out in the opinion attached.
It would appear tbet the fossgclng opinion anewer&
your question in the negative. TInlees extended by the
Legislature the power8 end authority of the eonimiealonsrs*
aourt are aonffned in and oo-extensive with the boundaries
or the aotuity over whiah it praa%des. The funotFon 0r suoh
oourts pertaining to the general welfare of their reepeotive
oounties la clearly ~set forth ~ln the following language
taken from the opinion in Edwards county ve. yenninga,
supra, and we Quote:
_/ Wountiee are polltitial or civil divisions
of the state, areatea for the purpose cf brlng-
ing government home to the people, and Jupplying
the neeess&ry ,means for sxbauting the wlsliea
of the people, and .bringing ‘into exerciere the
machinery necessary to the enforoement of local
government. Counttea being oomponeot parts of
the stats?, have no powsre or duties except those
alearly set ioxth and defined in the constitution
Honorable '2Uliam W. kllen, Page 3
and statutes. 1 Dill. Mu. Carp { 25. The
statutes of Texas have olearly defined the
powera, presoribsd the duties, and imposed
the liabilities of the eo~&ssi~ers~~aourt,
the medium through whiah the different
aounties aat, and from those statutes must
oome all the authority vested in the counties.
It is provided in the cons'tittutlon t&at the
foounty aomtniasionere fro ahoasn, with the
oounty judge, as presiding otfiaer, shall
aompoae the oounty oommiasionera~ aaurt,
which shall ers'tiaise suah powers and
jurisdiction over all county buainass, as
ie oonferred by this constitution and the
laws of this state, or as may,be hCWQart5r I
prescribed.* Conet. art. 5 [ 18. Looking
lx the power6 'granted by the legislature by
virtue of the above constitutional prqision,
we find that no authorPty,ir .&ven the oom-
misSiOfMr6' court to snter into euci2 OOQtZ'SOts
as the one,sued on tn this case. Bev. %3t,.
Art. 1514. It Is clear, therefore, tbst.ths
attempted oontraot was beyonq the power and
;u$h$%ty confided in the county aomaissi~oners;
It ie .fharefcre the apinion @this dspartnent that
the commissioneM* court has no autharity to lease road
machinery or road equipment to en individual, oompany or
corporhtion for the construction of any works of improre-
nent including aviation ficlde, camp sites or roads outside
the boundaries of the county.
Yours very truly
FIRST ASSISTANT By
ATTORNEY GENERAL