Untitled Texas Attorney General Opinion

. ,. R-552 AXJHTIN 11. .,kXAB PRICE DANIEL ATTORNEYGENERAL June 16, 1947 Honorable I. Predecki Opinion No. V-256 County Auditor Galveston County Be: Authority of Commis- Galveston, Texas sioners’ Court to pur- chase office rurniture for a county commis- sioner’s office to be located in his precinct. Dear Sir: We refer to your letter of recent date ac- knowledged by the Attorney General on June 5, 1947, which reads in substance: The Commissionera*~Court recently passed an order authorizing the purchase of desks, tables and seven chaira at an estimated cost of $546.00. This office furnltnre is to be used by the county commissioner of the 4th precinct which comprises the main- land of Galveston County, and extends to the Harris and Brazoria County lines, and is to be used by such commissioner in a building located at Dickinson, Gal- veston County, twenty miles from the county seat. Office space for the county com- missioners was assigned.some years ago in the county court for their use. Your opinion Is requested as to the legality of the exoenditures above set out. Article 2348, V. C. S., provides: "The regular terms of the commfssion- ers court shall be commenced and be held at the court house on the second Monday of eaoh Honorable I. Predecki - Page 2 month throughout the year and may continue in session one week; provided the court need not hold more than one session each querter if the business of the court does not demand a session. Any session may adjourn at any time the business of the court is disposed Of. Special terms may be called by the coun- ty judge or three of the commissioners, and may continue in session until the business is completed." The powers and authority of the County Com- missioners' Court are enumerated in the following sever- al sections of the Constitution: Article V, Sections 18, 20, 21, 23, 24, 28 and 29. It is a well-established principle that the Commissioners' Court has no power or authority except that conferred on it by the Constitution or statutes of this state. Bland v. Orr, 90 Tex. 492, 39 S. W. 558; and Anderson vs. Ash, 99 Tex. 447, 90 S.W. 872; Baldwin v. Travis County, 88 S.W. 484; Von Rosenburg vs. Lovett, 173 S. W. 528 (writ ref.). In other words, the Commissioners1 Court is one of limited jurisdiction. Consequently, it can assert no authority nor exercise any power unless there be some express or implied statutory or constitutional grant thereof. An examination of the laws and cases concern- ing the powers and the meetings of a Commissioners1 Court reveals no statute specifically authorizing such court to purchase office furniture to be used by a county commis- sioner at a place other than the courthouse or at the coun- ty seat where commissionerst court shall be held, nor do we find any statute from which such power or authority may be implied. See: Articles 1602, 1603, 1605, 3899, 3899b, 3912e-4, V. C. S. Furthermore, we are apprised of no statute authorizing expressly or by implication a commis- SiORers' court to furnish office space or office furniture to the individual members of a commissioners' court to be provided or located in their respective precincts. Accordingly, it is the opinion of this office that a Commissioners' Court is without authority to pur- chase office furniture to be used to furnish an office for a county commissioner whose office is located at a place other than at the county courthouse or the county seat where commissioners' court shall be held. Article 2348, v. c. s. . - Honorable I. Predecki - PaRe 3 SUMMARY A Commissioners' Court is without authority to purchase office furniture to be used to furnish an office for a county commissioner whose office is lo- cated at a place other than at the county courthouse where Commissioners' Court shall be held. Article 2348, V. C. S. Very truly yours ATTORNEY GE:ENERAL OF TEXAS Chester E. Ollison Assistant APPROVED ATTORNEY GENERAL CEO:WB:jrb