, Y56
OFFlCiOFTHEArrORNEY GENERALOFTEXAS
AUSTIN
Hanorable J. b..Belger
county Aulatol?
Travlw,County
Austin, Texas
above stated ques-
eredbythis de-
are not ellglbl.a:to be taken into the Auatln comww-
lty lfurserg'Qcho01~It is my underatandi~ that the
parent or parents~~of:thechildren cared for aud
taught by the Austin Cormunity Nursery School are
required to pay fifteen or twenty aents per day for
the maintenance and teaching of each child,iu said
Nursery School, as shown by the budget sent you with
my request for opinion on this matter, although I an
Bonorable J. A. Belgar, page 2
Informed that l.ncases of low-wage bracket parents this
per diem fee is eometlmes valved, aa to the parents,
by those. ln charge
~._.
of the Austin Cosmuuity Hurserg
Sahool, but pala og some o~;herperson or organlsatlon.
"Children admttted Into these Hurserg Schools
are cared for and taught by said Schools only during
the daytlne and are returned to their parent or parents
during the eve- and nighttime.
‘I do not knov upon what statutory provision this
gent of aid is aought.'
We quote from 11 Taxas Zurlsprudenae,pages 563-4-5, as
follows!
m Counties, being component parts of the
state, &&e*no powers or duties except those which are
clearly set forth and defined In the Constitution and
atatutes. The statutes have alearly defined the pouers,
presuribad the puties, and imposed the liabilities of
the cocnnissionera~ courta, the medium through whfoh
the aounties act, and from those statutes must come
all the authority vested in the counties- . . .
n Com.l.s3ioners' court3 are court3 of llmit-
ed juri~d.&.on, In that their authority extends only
to matters pertalnbg to the general Welfare of their
respective countiesland that their pavers are only those
expressly or impliedly conferred upon them by law, -
that is, by the Constitution and statutes of this
state. . ..v
We have been unable to find any constitutionalor atatu-
tory authority authorizing Travis County to donate county funds
in aid of such project.
Section 52 of Article 3, of our State Constitution,
would also prohibit Travis County from naklng such donation of
county fund3. The section provides Ln part as follows:
“The Legislature has no power to authorize any
county . . . of the State to lend its credit or to
grant publla aoneg or thlnS of vnlue in aid Of or to
any individual, aasoclatlon, or corporationwhatso-
ever. . . .'I
958
Honorable A. J. Belger, pa& 3
We therefore answer your questian In the negative.
Very truly yours
Assistanii
WJF:db