OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
Honorable 7. G. Garza
County Attorney
Brooks'County
Pelfurr~aa, Texas
Dear sir:
n the above stat-
ly aonaldered by
art, as follows:
exglanatioa of
nay that our town
d therefore the
or the upkeep oi the
other tiscellaneous riattcrs;
e trairicii3somewhat heavy
ed at tlzes at the particular
0218 above rcentioned, ths State
partmnt has ayrsod to turnlsh
0 likzhts provided that the
oounty will pay for the li&t bill.”
Iie quote from Texaa Jurlspruaenoe, Volrnne ll,
pagee 563, 564, 665, and 566, as hollows:
nCounties, bein aomgonent parts
of the state, have no pozers or duties
exoept those which are olcarly set
r0rth and defined in the conaitution
and statutes. The statutes have olearlp
Honorable .y. G. Garza, Fage 2
defined the powers, presprlbed the du-
t1eo and lmpased the llabillties of
the o&missioners* oourts, the medium
through whloh the dlrrerent oounties
act, and from those statutes must come
all ths authority vested in the ooun-
ties.
“The arants of powers to suoh
governmental agenoles as counties,
townships and sohool distrlots are
generally more strlot$.y construed than
are those to inoorporated munloipali-
tiee. The oonuaiasioners* court Is not
vested with any general polioe power.
. ...
*Coxmlssloners* courts are courts
oi linited jurlsdlctloa, in that their
authority extends only to matters psr-
talning to the general welfare or
their respective counties and that
their powers are only those expressly
or lmpliedly oonferred upon them by law,
- that Is, by the ooastitution aad stat-
utes or the state.w
The exclusive jurlsdlotloa over State highways
is placea in the State Rlghv:ay Commission by Art'lole 6673,
Revised Civil Statutes of TexEs, whloh reads in part as
r0uw:
_
*Artlole. 6673. Control of, Highways.
“The oomz~lsslon Is authorized to
take and maintain various State
over
highways in TBXRB, and the counties
through whioh said highways pass shall
be free iron any cost, expense or super-
vision of suoh highways.” * * *
After a.oareful and exhauetlve study or your
question, re have been unable to rind any authority, ex-
pressed or Implied, whioh wouLd authorize the County Com-
laissloaers of Brooks County, Texas, to RPPrOPriRte money
to pay the light bill .that would be laourred by maiataia-
771
Iioaorable‘a. G. Garza, Fag9 3
in3 and'upkeeping two eleotrio trafrio lighta at tws In-
tereeotlons or two state hlghxaye lntersectlng la the heart
of Palfurrias.
Therefore, you are respectfully advised that it
is the aplnloa of this department that the Oounty Coaimis-
sioaers’ Coui’t of Brooks County, Texm, does aot have. the
authority, expressed or implied, to expend the oounty fund6
Sor the purQo8e about ?rhiOh you inquire.
TsYstlng.that the foregoing satisfaotorlly answers
yopr iaquirp, we reada
Yours very truly
ATTORNEY
GErUiRAL
OF TXCAS
D. Burle DaYis
Asslstaat
,ATTORURY
GRN?ClUL
OB TRXE3
Untitled Texas Attorney General Opinion
Combined Opinion