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Untitled Texas Attorney General Opinion
O-7206
| Tex. Att'y Gen. | Jul 2, 1946
|
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*1 OFFICE OF THE A?-TQRNEY GENERAL OF TEXAS AUSTIN

GROVER SELLERS ATronHn GLNER*L -

IIonorable Connally McKay

County Attornay

w00a c0mp

Quitman, Tf2,ms .,

Opinion~No. O-7206 opinion, which r&as, yin part-,..88

or .w00a county, county Board or 0viaing immeai- St3hool Trus the job forex-serqice e U. S. who desire such to aontifiue their high he prerequis.ites to'organize suoh a .

at some Fndiv-idual, oorpor8tioq, or other e funds for the operation of the school 'unti+,money was received from the Pederal Government.

The Board of direotors of the sahool, -&o were appointed by the county Board of School Trustees, requested the *2 Honorable Cons&Y MgKaY - Page 2'

Commissioners Court to finance the sob001 temporarily until said money was received. ,Acting on such request the oommissioners~oourt of this 'county passed the * lollowing oraer: '.

e1 On motion by B. A. Holbrook, se&nded by C. c'. Cianton that Wood County escrow the sum of $2,000.00 for the purpose of defraying expenses neoassary for the organization of Vocational Sohool under the 0. I. Bill of Rights as set up by the County School Board. It is specifically understood that any amount of the above $2,000.00 that is not used is to be paid into the County ..Trsasury. . :

'Please advike .me,

Whether or not'the oommissione&s. oourt ha?&e authority to appropriate monies for the .: ' : advanoement or aid-to a Vocational School for .the benefit of ex-service men." . .

Oouxity commissio&s~~.oourts have no power or authority, except &oh as is oonferred upon them by the Constitution or _ statutes of the State; ~B1and.v. Orr, 39,s. W:558 (Tel. Sup;

ot., 1897); Galveston, H. & S. A. Ry. CO. V. Uvalad County, '. 167 6. n; (26) 305 (sag Anto.gio ct. or 01~. App., 1942);~ Howard

v. Henderson~ County,.ll6 S. W. .(2a) 479 (Dallas~Civ. App., ; Landman v. State, 97 S. W. (2a) 264 (El Paso Clv. App;, * Nunn-Warren Pub. 00. v. Hutohinson County,‘45 S. N. (?a) 651, +arillo Glv.. App., 1932) writ or er.ror refused.

The expenditure of publiu runas is jealouslY guarded by the Constitution, and oommissioners' courts oannot make : any gratuitous grant of funds or use publio oredit or inCUr anp indebtedness or liability except for public governmental . purposes authorized by law. De%ary v. Jefferson County, 179

S. PI. (26) 584 (Beaumont ~Civ. App., 1943).

The',powers,and'auties of oommissioners' courts are speoified in Artiole V, Section 18, Constitution of Texas, and Title 44,. Revised Civil Statutes of Texas. We find noth- ing therein which, either expressly or by necessary impli- oatiou, would authorize a oommissioners' oourt to grant or

+.. : Honorable Connally MoXay - Page ,‘-’

lend pub110 funds for the purpose stated in your letter; Therefore, we must answer your first question in the negative,'

Your second question which reads'& follows: u2. Whether the County Clerk and the Distritit Clerk may furnish certified oopies, free of charge, of discharges, marriage licenses, birth certifi- oates, death certificates and divorce prooeodlngs that might be called for.in oonneotion with the 'above mentioned sohool.gl ‘.* is en-

is CUISW8$8a by our Opinion No. 0-7208, ti copi of’. which : .' 010sea herawith.

Yours very'truly

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1946
Docket Number: O-7206
Court Abbreviation: Tex. Att'y Gen.
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