dissenting.
In 1978, the Commissioners Court of Galveston County established the Galveston County Legal Department. As of October 1990, the Legal Department consisted of four attorneys and two secretaries. The Legal Department performs many services including (1) litigation on behalf of the County, the Beach Parks Board, the Mainland Center *865Hospital, the Galveston County Health District and other county or precinct entities, (2) defending officers and employees who are sued for acts committed in the course and scope of their official duties, (3) debt collection for the Mainland Center Hospital and enforcement of rules and regulations for the Galveston County Health District, (4) administrating the Galveston County workers’ compensation program, and (5) providing advice to elected officials, appointed department heads and regular employees of the County. The 1990 budget for the Legal Department was approximately $300,000. Because I believe that the creation and funding of the Legal Department was not authorized by law, I dissent.
I.
The Court bases its decision upon the implied powers of the commissioners court. However, the Court stretches the implied powers of the commissioners court beyond their limit. The commissioners court has implied power to hire outside counsel to assist it or other officials in carrying out their responsibilities as long as it does not infringe on the statutory duties of other officials. See Burleson County v. Giesenschlag, 354 S.W.2d 418, 420 (Tex.Civ.App.—Houston 1962, no writ) (“We do not agree ... that the Commissioners Court may not employ an attorney for the purpose of instituting and prosecuting a condemnation suit. There is no statute requiring that the county attorney represent the county in such matter.”). However, there is a world of difference between hiring outside counsel to assist the commissioners court or other officials in a particular matter and creating a separate and independent legal department with the attorneys being employees of the county.
It is undisputed that in 1955, the Legislature created the office of Criminal District Attorney in Galveston County and abolished the office of County Attorney in Galveston County. Act of April 29, 1955, 54th Leg., R.S., ch. 124, 1955 Tex.Gen.Laws 454 (Tex. Rev.Civ.Stat. art. 326k-28 (repealed)). Article 326k-28 was later codified at section 44.-184 of the Texas Government Code. Section 44.184 provides:
(a) The criminal district attorney of Galveston County shall attend each term and session of the district courts of Galveston County and each term and session of the inferior courts of the county held for the transaction of criminal business and shall exclusively represent the state in all criminal matters before those courts. He shall represent Galveston County in any court in which the county has pending business.
(b) The criminal district attorney has all the powers, duties, and privileges in Galveston County that are conferred by law on county and district attorneys in the various counties and districts.
(c) The criminal district attorney shall collect the fees, commissions, and perquisites that are provided by law for similar services rendered by a district or county attorney.
(d) The criminal district attorney may represent any county official or employee of Galveston County other than a member of the commissioners court in any civil matter in a court in the county if the matter arises out of the performance of official duties by the officer or employee.
Tex.Gov’t Code § 44.184. Section 44.184(b) provides that the Criminal District Attorney has the same duties, powers and privileges “conferred by law on county and district attorneys in the various counties and districts.” In other words, the Criminal District Attorney has the same powers and duties as the county and district attorneys in other counties.
At least two other counties — Harris County and Fort Bend County — have county attorneys with statutory authority to handle civil matters. In 1953, the Legislature created the office of County Attorney in Harris County. Act of June 5, 1953, 53rd Leg., R.S., eh. 316, 1953 Tex.Gen.Laws 786 (Tex.Rev.Civ.Stat. art. 331h (repealed)). Article 331h was later codified at section 45.201 of the Texas Government Code. Section 45.201 provides:
It is the primary duty of the county attorney in Harris County or his assistants to represent the state, Harris County, and the officials of Harris County in all civil matters pending before the courts of Har*866ris County and any other courts in which the state, the county, or the officials of the county have matters pending. The county attorney shall represent the Harris County Flood Control District and perform the other duties imposed by this section without any additional fee, compensation, or perquisite other than that paid by Harris County out of its officers’ salary fund.
Tex.Gov’t Code § 45.201.
In 1989, the Legislature created the office of County Attorney in Fort Bend County. Tex.Gov’t Code § 45.179. Section 45.179 provides in pertinent part:
(a) It is the primary duty of the county attorney in Fort Bend County to represent the state, Fort Bend County, and the officials of the county in all civil matters pending before the courts of Fort Bend County and any other courts in which the state, Fort Bend County, or the county officials have matters pending.
(b) The county attorney shall represent the Fort Bend County Drainage District and any other county entity created by law.
Tex.Gov’t Code § 45.179.
Section 44.184(b) provides that the Criminal District Attorney of Galveston County has the same duties, powers and privileges “conferred by law on county and district attorneys in the various counties and districts.” Although this subsection cannot be applied literally because the duties, powers and privileges of county and district attorneys in different counties and districts are frequently inconsistent, it is indicative of legislative intent that the duties, powers and privileges of Criminal District Attorney of Galveston County are not limited to criminal matters and would include representation in civil matters which are performed by county attorneys in several other counties such as Harris County and Fort Bend County. These duties, powers and privileges would include representation in civil matters which is performed by the Legal Department. In addition, section 44.184(d) authorizes the Criminal District Attorney of Galveston County to “represent any county official or employee of Galveston County other than a member of the commissioners court in any civil matter in a court in the county if the matter arises out of the performance of official duties by the officer or employee.” Consequently, the activities of the Legal Department infringe on the statutory duties of the Criminal District Attorney of Galveston County.
II.
The Court has not cited any authorities which justify this drastic result. Several authorities cited by the Court involve the authority of the commissioners court to contract with attorneys and appraisers for certain services. In Pritchard & Abbott v. McKenna, 162 Tex. 617, 350 S.W.2d 333 (1961), taxpayers challenged “a certain contract entered into by and between Galveston County acting through its Commissioners Court and the partnership of Pritchard & Abbott, an appraisal firm....” Id. 350 S.W.2d at 334. This court held that the contract was within the Commissioners Court’s authority. Id. at 340. In McClintock & Robertson v. Cottle County, 127 S.W.2d 319, 320 (Tex.Civ.App.—Amarillo 1939, writ dism’d judgm’t cor.), a firm of attorneys sued Cottle County concerning a written contract in which the firm agreed to perform certain services for the county. The commissioners court asserted that it did not have authority to bind the county in the contract and the trial court dismissed the claim. The court of civil appeals reversed and remanded. In Maud v. Terrell, 109 Tex. 97, 200 S.W. 375, 375-76 (1918), the case turned upon the validity of a contract between the State Comptroller and an individual to collect inheritance taxes. This court held that the statute authorizing the State Comptroller to contract with persons to collect inheritance taxes did not “unequivocally supplant the county attorneys and the Attorney-General in their authority to prosecute the suits of the State for the recovery of the taxes.” Id. 200 S.W. at 377. In Seagler v. Adams, 238 S.W. 707 (Tex.Civ.App.—Galveston 1922), affd, 112 Tex. 583, 250 S.W. 413 (1923), several citizens challenged the authority of the commissioners court to execute six written contracts engaging “the legal services of the law firm of Seagler & Pickett to file *867and prosecute, or to assist the county or district attorney in filing and prosecuting, certain suits against various officials and ex-officials of the county, along with a number of other persons_” Id. at 707. The court of civil appeals upheld the validity of the six contracts.
Several other authorities cited by the Court involve the general authority of the commissioners court to cause suits to be instituted in the name of and on the benefit of the county. Looscan v. County of Harris, 58 Tex. 511 (1883), involved whether the district attorney could institute the action in the name of “the county of Harris” without the consent and against the will of the commissioners court. The court recognized that the “commissioners’ court undoubtedly has the right to cause suits to be instituted in the name of and for the benefit of the coun-ty_” Id. at 514. In Terrell v. Greene, 88 Tex. 539, 31 S.W. 631 (1895), Tarrant County instituted suit on the bond of the Tarrant County Treasurer. Tarrant County employed a private attorney to represent it in the suit. The County Attorney asserted that he was the proper person to prosecute and control the suit and challenged the authority of the County to hire private attorneys in this case. This court held that the County Attorney was required by statute to prosecute this suit when he discovers that “any officer intrusted with the safe-keeping of any public funds is in any manner neglecting or abusing his trust_” Id. 31 S.W. at 633. This court further stated: “While the commissioners’ court might employ counsel to assist the county attorney in the performance of this duty, it had not the authority under the law to displace him from his position and rightful authority under the law as an officer of that county.” Id. Travis County v. Matthews, 235 S.W.2d 691 (Tex.Civ.App.—Austin 1950, writ refd n.r.e.), involved Travis County’s failure to appeal from an adverse judgment. Travis County sued the former county judge, two former county commissioners and the sureties on their official bonds arising out of the payment of money to the former county judge in satisfaction of a judgment in a previous suit. The County was seeking the recovery of the money paid to the former county judge. The court of civil appeals held that the County’s pleadings did not state a cause of action. The court further stated: “A county may sue and be sued. If a county may be sued it certainly has the right to defend itself, and this right of defense is held by the Commissioners’ Court_” Id. at 697 (citation omitted).
Because I believe that the creation and funding of the Legal Department was not authorized by law, I dissent.
GONZALEZ, DOGGETT and GAMMAGE, JJ., join in this dissent.