You have requested our opinion on whether a grand jury has authority to employ persons to investigate crime and to make their compensation a charge on the county.

The commissioners court is the general business and contracting agency of the county, and it alone has authority to make contracts binding on the county, unless otherwise specifically provided by statute. Anderson v. Wood, 152 S. W. 2d 1084, 1085 (Tex. 1941). or case authority in Texas indicating

There is no constitutional, statutory, that a grand jury may independently employ an investigator to assist it.

When the issue has been considered in other jurisdictions, it has been consistently held that a grand jury has no authority to employ an investi- gator to assist its investigations, nor to make the compensation of such an investigator a charge on the county. Allen v. Payne, 36 P. 2d 614 (Cal. 1934); William J. Burns International Detective Agency V. Doyle, 208 P. 427 (Nev. 1922); Woody v. Peairs. 170 P. 660 (Cal. App. 1917). 38 C. J.S. Grand Juries § 34 p0 1028 (1943); 38 Am. Jur. 2d Grand Jury 5 28 p. 974 (1968).

We express no opinion on the authority of the Commissioners Court to pay for the services of investigators hired by the district attorney to assist the In this regard see Rodgers v. County of Taylor, 368 S. W. 2d 794 grand jury. --Eastland 1963, writ ref’d n. r. e. ); Attorney General Opinions (Tex. Civ. App. WW-1334 (1962) and M-823 (1971).

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The Honorable A. J. Hartel. page 2 (H-439)

SUMMARY A grand jury has no authority to employ Persons to investigate crime nor to make their compensation a charge on the county.

Very truly yours, u JOHN L. HILL Attorney General of Texas DAVID M. KENDALL. Chairman

Opinion Committee

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