Gerald C. Mann Aus-mra a,.TF;PLAB
D
Hon. K. D. Hsll Opinion No* O-1976
County Attorney Re: Is the county required to furnish
Refuglo County an office for justices of the peace in
Refugio, Texas counties where the population is less
than lC,OOC?
If not, would the county be permitted
to spend money for furnishing and equip-
ping offices of the justices of ,the
Dear Sir: pe,ace if its officers desire to do: so?
We are in receipt of your letter of February 17 1940,
requesting an opinion of this department on the above sta 4 ed
quest ions.
Article 1603 of Vernon’s Annotated Civil Statutes
treads as follows:
“The county commissioners court of each county,
as soon as practicable after the establishment of
a county seat, or after Its removal from one place
to another, shall provide a court house and jail
for the county, and offices for county officers at
. such county seat and keep the same in good repair.”
Article 2379, Vernon’s Annotated Civil Statutes,
reads as follows:
“When the justice precinct where the courthouse
of any county is located contains more than seventy-
five thousand inhabitants, the commissioners c.ourt
of said county shall provlde and furnish a suitable
place in such courthouse for such justice to hold
court .”
Conferen,ce Opinion No. 2328, printed in the 1920-22
Biennial Reports of the Attorney General, at page 439, holds:
“1. The commissioners court is not authorized
by law to furnish offices for justices of the peace
except as provided in Chapter 94, General Laws, Regu-
lar Session of the 36th Legislature, which statute
requires that suitable places shall be provided and
furnished in the courthouse for the holding of court
Hon. K. D. Hall, page 2
by justices of the peace in the precinat where
such courthouse is situated where there are more
than seventy-five thousand inhabit ants in’such
just ice precinct.
"2. In all other instances the commissioners
court is without authority to furnish offices for
justices of’the peace and hence said court is not
authorized to pay office rent out of county funds
for ‘justices of the peace.”
The Supreme Court of Texas In the case of.Reynolds,
Justice of’the Peace v. Tarrant County, 14 S.W. 580 in effect
holds that a ‘justice of the peace Is not a county o!ficer wlth-
in the meaning of Article 705 (which is now Article 1603) pro-
viding that the county commissioners( court shall provide and
maintain offices for the county officers, and the justice of
the peace cannot maintain an action to recover from the county
moneys expended for office rent and furnishings.
In an opinion written January 9, 1933, by Honorable
Homer d. De Wolfe, this department held that the commissioners*
court is not authorized by law to furnish offices for justices
of the peace except as provided in Article 2379 Vernon’s An-
notated Civil Statutes which requires that suigable places
shall be provided and furnished in the courthouse far the hold-
ing of court by justices of the peace ‘in the precinct where such
courthouse is situated where there are more than seventy-five
thousand inhabitants In such justice precinct and that the com-
missioners’ court Is not authorized to pay of&e rent out of
county funds for justices of the peace.
-la an opin$on written September 28 1932, by Honorable
6actt~ Gainsr,,~Aseist&tit Attorney General, thfe department held
that the ooiinri8dioner.s~~ ocurt is without authority to rent of-
fiosa or ,buildlngs for’ ‘ju%istioa’.court rxoept under Article 2379.
We believe that Opinion No. 2328 supra, Is at%13 a
aorreot interpretation of the law in regar b to payment by the
county of office rent for justioee of the peaae.
With reference to Article 2379, supra, it appears that
the Legislature was under the Impression that the commissionerst
court was before the passage of this Act, without authority to
even provide offices in the courthouse for justices of the peace,
and that In order for the commisslonerst court to have authority
to furnish offices in the courthouse to justices of the peace in
precincts having more than seventy-five thousand inhabitants, it
was necessary to expressly cohfer,such authorlty upon said court-
Hon. K. D. Xall, page 3
Having affirmatively conferred this authority upon the commis-
sioners' court to be exercised under the circumstances and
conditions mentioned in this Act, this has the effect of negat-
ing the authority of the court to exercise like authority under
any other circumstances or conditions.
Article 3899b, Vernon's Annotated Civil Statutes,
does not authorize the commissionerst court to pay office rent
for a justice of the peace. So far as a justice of the peace
is concerned this Act only requires the commissioners' court
to furnish him with such books and stationery as are necessary
in the performance of his duties.
In viewof the foregoing authorities you are respect-
fully advised that it is the opinion of this department that
the two questions submitted in your inquiry must be answered in
the negative.
Trusting that the foregoing fully answers your ln-
quiry, we remain
Yours very truly
ATTORNEY
GENERAL
OF TFiXAS
By /s/ Ardell Williams
Ardell Williams, Assistant
APPROVRD FEB 23, 1940
/s/ Gerald C. Mann
ATTORNEY GENERAL OFTRKAS
APPROVRD:
OPINIONCOMMITTEE
BY: BWR, CHAIRMAN
AW:LM:wb
Untitled Texas Attorney General Opinion
Combined Opinion