Gerald C. bbm AURTIN 6%.TEXAS Hon. John R. Shock Criminal District Attorney San Antonio, Texas Dear Sirr Opinion No. O-1299 Ret Can the commissioners' court legal- ly appropriate money from any of the Bexar County funds, including Road and Bride Funds, for fire protection from the City of San Antonio for districts outside the City of San Antonio? And related questions. Your request for cur opinionon the questions as are herein stated has been received by this department. Your questions are as follows: ..e "1. Can the conmissioners court legally appropriate money from any of the Bexar County funds, including Road and Bridge funds, for fire prc- tsction from the City of San Antonio.for districts outaide the City of San AHonio? "2. Canthe county enter into a contract with the City of San Antonio for fire protection forthe county,institutions located outside~cf the city limits?" We nre informed %y the CcmptrcIlerfs office that Bexar County has a population of two hundred and nine-two thousand five hundred and thirty- three (292,533) inhabitants as shown bythe last Federal Census. Article 2351, Revised Civil Statutes, setting forth the pcwers and duties of the ccmmiesioners' court as amended by Article 2351a, Acts of the 46th Legislature -provides thatr "The Conmissioners Court in counties having B population of more than three hundred thousand .(300,000)and lessthan three hundred and fifty thoussnd (350,000) inhabitants in accordance with the last preceding Federal Census, and in counties having tapopulation of more than forty- eight thousand, .five hundred (48,500) and less than forty-nine thousand (49,000) inhabitants and in counties having a population of not less than twenty-two thousand and eighty-nine (22,089) nor more than twenty-tm thousand, one hundred (22,100) inhabitants in accordance with the last preceding Pederal Census,~shall have the authority to purchase fire- fighting equipsent by first advertising and receiving ~bidsthereon as provided by law, 'ccbe used for the protection and preservation of bridges, county shops, county warehouses, and other property located without the limits of sny incorporated city or town." Article 2351b1, Acts of the 46th Legislature provides that! ' Hon. John R. Shook, Wge 2, (o-1299) "The Commissioners' Court in counties having a population of less than tventy.thousand (20.000), according to the last preoeding Federal Census, and a property valuation of more than One Bundred Eillicn Dollars ($lOO- OOO,OOO), according to the last approved county tax rolls, are authcrieed and empowered to enter into contracts and agreements with the governing bodies of municipalities within such counties for the purpose of furnish- ing fire protection within such counties, but outside the corporate limits of such municipalities, and to make appropriations 'for paying such munici- palities for furnishing such fire protection." Bexar County does not come within the population brackets set forth in the above quoted statutes. Article 2351b-1, supra, authorizing and empowering the commissioners' court of certain counties to enter into con- tracts and agreements with the governing bodies of municipalities within suoh counties for the purpose of furnishing fire protection within such counties, but outside the corporate limits of such municipalities, and to make apprcpriaticnfbr paying such municipalities, for furnishing such fire prcteoticn clearly indicates that the commissioners' court of any ccinty does not have such authority unless specifically provided by statute. We quote frcnnTexas Jurisprudence, Vol. 11, pages 563-565, as follows* "Counties, being component parts of the state, have no powers or duties ex- oept those which are clearly set forth and defined in the constitution and statutes. The statutes have clearly defined the powers, prescribed the du- ties, and imposed the liabilities of the commissioners court, the medium through which the different counties act, and fromthese statutes must ccme all the authority vested in the counties. . . . " . Cmmissicners~ courts are courts of limited jurisdiotion, in that tiefr authority extends only to matters pertaining to the general welfare of their respectdlvecounties and that their powers are only those expressly or impliedly conferred upcntthem by law, that is, Iy the constitution and statutes.cf the State." See the cases of Edwards County vs. Jennings, 33 S.W. 585; Seward vs. Falls County, 246 S.W. 728; Sun Vapor Electric Light Cc. vs. Keenan, 30 S.17.868; City of Breckenridge vs. Stephens County, 26 SW 2nd 405; Scaling VS. l7illiams,284 ST?310; Moore vs. ?KoLennanCounty, 255 SE478; Bill County vs. Hamilton, 273 SW 292; Temple Lumber Company vs. Ccmmissicners~ Court of Sabine County, 239 SE 668. The case of Commissioners* Court vs. Wallace, 15 5pp2nd 535, holds among other things that the Commissioners Court must have authority of law for its contracts. There being neither constitutional nor statutory authority for the Commissioners' Court of Baxar County to do the things involved in your questions, you are respectfully advised that it is the opinion of this department that ~bothof said questions should be answered in the negative and are so answered. Hon. John R. Shock, Page 3 (o-1299) Trusting that the foregoing fully answer8 your inquiry, we remain Very truly yours ATTOPNEY GENER&L OFTEXAS Ey /a/Ardell Williams Ardell Y/illiems Assistant APPROVED OCl?4, 1939 AWIAWI egw Approved Opinion Committee EyBWB Chairman
Untitled Texas Attorney General Opinion
Combined Opinion