Untitled Texas Attorney General Opinion

THEATTORNEY GENERAL OF -l-ExAs Honorable 0. Kennedy County Attorney, Bee County Beeville, Texas Dear Sir: Opinion No. O-1477 Re: Can C6mmissioners Court levy a tax rate without full membership being,,- present, and could the Court legal- ly meet outsUe of the county? We acknowledge receipt of your request for an opinion, wherein you ask two questions relative to the levying of county taxes by the Commissioners Court of Bee~County. These questFons ,are: 1. Can the Commissioners Court levy a tax without full membership being present? 2. Can the Court meet outside of Bee County? Article 2354, Vernon's Annotated Civil ~Statutes,pro- vides that no county tax shall be levied except at a regular m of the court, and when a members thereof are present. It is oiiropinion that this provision is mandatory and that a levy of a county tax without all members of the court belng'present is void. Free 6t al~vs. Scarborough, 8 S.V. 490, and Broocks et al vs. State, 41 S.W. (2d) 714. Article I, Section 13 of the Constitution of Texas provides that all courts shall be open. It is our opinion that when the people of Texas adopted the.Constitution,theg were demanding that the courts remain open at all times In order that the public might be heard on all questions affect- ing their property. It therefore became the dutg of the Legislature to pass Article 2348, Vernon's Annotated Civil Statutes, in order that the public would know when and where the C&missioners Court'would meet. Article 2348, Vernon's Annotated Civil Statutes, provides when the regular term of the Commissioners Court shall meet, and that the meeting shall be at the courthouse. Hon. 0. Kennedy, page 2 o-1477 We have been unable to find any decisions from this jurisdiction directly in point. but in the case of Tarrant County et al vs. Smith et al, 81 S.W. (2d) 537, Justice Lat- tlmore said: "They (the commissioners) meet as a court and transact business in open session. Such re- quirement is not formal. It is substantial, both that the members may have the benefit of the know- ledge and opinions of the others, as well as that the public may know when and where its affairs are being transacted." The State of Nebraska has a statute very similar to ours as regards the meeting of county commissi.oners,and in the case of Merrick County vs. Batty, 4 N.W. 959, the court held that the county commissioners must transact county busi- ness at the county seat ana that they are without authority to transact business at any other place; that if~theg transact any county business ateany place other than the county seat, their actions thereon are void. It is, therefore, our opinion that the County Commis- sioners of Bee County cannot levy a county tax'without all of the members of the Court being present, and that the County Commissioners Court cannot convene outslde of Bee County for the purpose of levying such a tax. Trusting that the foregoing fully answers your inquiry, we are Yours very truly ATTORNEYGENERAL OF TEXAS By s/Richard H. Cocko Richard H. Cobke Assistant RRC:pbp:wc APPROVED SEP 30, 1939 s/Gerald C. Mann ATTORNEYGENERAL OF TEXAS Approved Opinion Committee By s/BwB Chairman