OFFICEOFTHEATTORNEYGENERALOFTEXAS
AUSTIN
Honorable E. A. PFatson
County Attorney
Crosby County
Crosbyton, Texas
Dear Sir:
paying salary rbr
ive aonMu3 where not’
budget for 1930.
oontainad in your letter
f Crosby County
ration Agent be-
pay herra salary of $50..
ing 2fionths or x9591*
out in your latter that no pro-
at of acth Agent, nor were any
the year 1999.
Roviaed Civil Statutes of 1925, a8 .md-
sioner*s Oourt of.any @o&y at thi8
zed to."eatabliah and ooadaot ao-+Mra-
tire demonstration work in dgrioultuse and Hema W&n@-
mios in oo-operation with the Agrioulttiel and Mqqhan-
'ioal College of Tefas, upon euoh ta?sr and 6Wti%tOZt..
ae may be agreed upon'by the Commissionerst qoqt and
the Agents of the Agr%cultural and Xeohan$oa~ C~lle&~
of l!er.ae; and may emploT 8nb@~means, and spay appro-
priate and expend auoh aam6 pi,aaoney ae'iay be ~nae-
easary to effsotlvely establrlttih and oarry on auoh de-
monstration work in AgrfetiLtmrs and Hema E~W~QSIOS ia
that, respaotive oouati61B.~
Eonorabh B. A. Watron, Paga 8
The ertlnent provirlonr oontrollln your question,
and set forth PII Artfola 689a-11, Revised CIv f 1 Statuter, pro@
rldez t
” . When the budget has been finally ape
provad*b; the Commis#lonsrr* Court, the budget, as
approved by the oourt shall be illad with the Clerk
O? the County Court, and taxes levisd only fn ao-
oordanoa~ thersrlth, and no expenditure of the fundo
of the oounty shall thereafter be made sxoept In
strlot oomplianoe with ths budget as adopted by the
Court. Eroe t that emergenoy eapsndltures, In ease
of grave pub Plo nedsarity, to meet unusual and un-
foreseen oondltlom whioh oould not, by reasonably
diligent thought and attention, have been Inoludsd
in the original budget, may from time to time ba
authorized by tha Court as amendments to the orlg-
Inal budget, . . .II
Tha above statute authorizes the Commlsslonsrs’ Court
o? any oounty to establish and oonduot oooperatlve de!nonatratIon
work in Home Eoonomioe in oooperation with the Agrioultural and
Yeohanloal Collage of Texar , nooordlng to terms and oondltlone
as may be agreed upon between suoh agenoles. In order to ocmplp
with the provision8 of tha budget law, the above provisions of
Artlole b89a-11 would oontrol. B Ing a question of fact, all
fsots and olroumstanoes Sould har ! ly be plaoed betore this de-
partment In a matter of thin kind suffloiant for u6 to pass upon
the Question of whether or not an emergsnoy expenditure would bs
authorized or that the situation oonstitutes a oass of~great pub-
110 neoessity. Suoh questions are by the stetute to be paaeed
upon by the CommiEaionere’ Court, and ‘*:a think properly so.
It is, therefore, the opinion of this depart-rent that
it is wlthln the disoretion of the Comalaaloners’ Court under
Atiiole b89a-11 to determine whether or not a situation, as would
sutbrrize an amendment ot the budget to allow the employment and
a ralarp of a County Home Demonstration Agent, oonetitutsa a
oasa of grave pub110 neoeseity authorizing emergenoy expenditures.
Tha employment oan only bs made by aruend*,ent to the bud.Zet as an
*emerEenoy expenditure”, and suoh expenditure must be predioated
upon iaots oonstltutlng It a ease of “grave publio neossalty to
raet unusual and’ unforeseen ocndltlone whioh oould not, by reason-
*!bly diligent thought and attention, have been included In the
Honorable E. A. Watson, Page 3
orlgin&l budget.’ If raots rurceptlble of auoh Interpretation
are determined by the Commissioners’ Court to exist. oonstitut-
lw the appointment a matter of *grave pub110 neoesilty’
, etc.,
the employment will be authorized by amendment to the budget.
Y&m very truly