*1

THE ATTORNEY GENEIRAL

OF TEXAS

AUSTIN 21, TEXAS

April 24, 1947

We assume that the hospital and doctor bills mentioned in your inquiry are in addition to the compensation which is provided in Mr. Northam's contract of employment.

Commissioners' Courts have only such powers as are expressly or by necessary implication given by the Constitution and statutes of this State. Const. art. V, sec. 18; Mills vs. Lampasas County, 40 S. W. 403990 Tex. 606; G. H. and S. A. Ry. Co. vs. Uvalde County, 167 S. W. 2d. 305.

*2 Hon. Bun L. Hutchinson, Page 2, V-164

After a careful study of your question, we have found no authority, express or implied, which authorizes the Commissioners' Court to expend county funds to pay hospital and doctor bills of a special highway patrolman injured while in the course of his employment. Therefore, your question is answered in the negative.

We are enclosing copies of our Opinions Nos. 0-1967 and 0-2951, which hold that a Commissioners' Court has no authority to pay the hospital and doctor bills of a deputy sheriff and of a constable who were injured while in line of duty.

SUMMARY

The Commissioners' Court of Bowie County does not have authority to pay hospital and doctor bills of a special highway patrolman who was injured while in the course of his employment. Const. Art. III, Sects. 52 and 53; Q. E. & S. A. Ry. Co. v. Uvalde County, 167 S. W. 2d 305.

Yours very truly,

ATTORNEY GENERAL OF TEXAS

By

W. T. Williams

Assistant

APPROVED APR. 25, 1947

WTV:jamivb:dr:mrj Encl.