Untitled Texas Attorney General Opinion

OFFICEOFTHEATTORNEYGENERALOFTEXAS AUSTIN Honorable E. A. PFatson County Attorney Crosby County Crosbyton, Texas Dear Sir: paying salary rbr ive aonMu3 where not’ budget for 1930. oontainad in your letter f Crosby County ration Agent be- pay herra salary of $50.. ing 2fionths or x9591* out in your latter that no pro- at of acth Agent, nor were any the year 1999. Roviaed Civil Statutes of 1925, a8 .md- sioner*s Oourt of.any @o&y at thi8 zed to."eatabliah and ooadaot ao-+Mra- tire demonstration work in dgrioultuse and Hema W&n@- mios in oo-operation with the Agrioulttiel and Mqqhan- 'ioal College of Tefas, upon euoh ta?sr and 6Wti%tOZt.. ae may be agreed upon'by the Commissionerst qoqt and the Agents of the Agr%cultural and Xeohan$oa~ C~lle&~ of l!er.ae; and may emploT 8nb@~means, and spay appro- priate and expend auoh aam6 pi,aaoney ae'iay be ~nae- easary to effsotlvely establrlttih and oarry on auoh de- monstration work in AgrfetiLtmrs and Hema E~W~QSIOS ia that, respaotive oouati61B.~ Eonorabh B. A. Watron, Paga 8 The ertlnent provirlonr oontrollln your question, and set forth PII Artfola 689a-11, Revised CIv f 1 Statuter, pro@ rldez t ” . When the budget has been finally ape provad*b; the Commis#lonsrr* Court, the budget, as approved by the oourt shall be illad with the Clerk O? the County Court, and taxes levisd only fn ao- oordanoa~ thersrlth, and no expenditure of the fundo of the oounty shall thereafter be made sxoept In strlot oomplianoe with ths budget as adopted by the Court. Eroe t that emergenoy eapsndltures, In ease of grave pub Plo nedsarity, to meet unusual and un- foreseen oondltlom whioh oould not, by reasonably diligent thought and attention, have been Inoludsd in the original budget, may from time to time ba authorized by tha Court as amendments to the orlg- Inal budget, . . .II Tha above statute authorizes the Commlsslonsrs’ Court o? any oounty to establish and oonduot oooperatlve de!nonatratIon work in Home Eoonomioe in oooperation with the Agrioultural and Yeohanloal Collage of Texar , nooordlng to terms and oondltlone as may be agreed upon between suoh agenoles. In order to ocmplp with the provision8 of tha budget law, the above provisions of Artlole b89a-11 would oontrol. B Ing a question of fact, all fsots and olroumstanoes Sould har ! ly be plaoed betore this de- partment In a matter of thin kind suffloiant for u6 to pass upon the Question of whether or not an emergsnoy expenditure would bs authorized or that the situation oonstitutes a oass of~great pub- 110 neoessity. Suoh questions are by the stetute to be paaeed upon by the CommiEaionere’ Court, and ‘*:a think properly so. It is, therefore, the opinion of this depart-rent that it is wlthln the disoretion of the Comalaaloners’ Court under Atiiole b89a-11 to determine whether or not a situation, as would sutbrrize an amendment ot the budget to allow the employment and a ralarp of a County Home Demonstration Agent, oonetitutsa a oasa of grave pub110 neoeseity authorizing emergenoy expenditures. Tha employment oan only bs made by aruend*,ent to the bud.Zet as an *emerEenoy expenditure”, and suoh expenditure must be predioated upon iaots oonstltutlng It a ease of “grave publio neossalty to raet unusual and’ unforeseen ocndltlone whioh oould not, by reason- *!bly diligent thought and attention, have been included In the Honorable E. A. Watson, Page 3 orlgin&l budget.’ If raots rurceptlble of auoh Interpretation are determined by the Commissioners’ Court to exist. oonstitut- lw the appointment a matter of *grave pub110 neoesilty’ , etc., the employment will be authorized by amendment to the budget. Y&m very truly