Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

GROVER SELLERS ATTORNEY GENERAL

Honorable Fred V. Kerldith County Attorney Kaufman County Kaufman, Texas

Dear Sir:

Opinion No. 6-7102

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*2

Hox. Fred V. Lieridith, page 2 lived in a private home where they had to pay board and room, that they could be eligible and receive the Fension. "The Commissioners' Court requests me to advise whether it would be legitimate for the Court to lesse out this large two story residential house to a private Indivisual, who would in turn contteot with the old people who reside there because they have no home and no relatives, for a stipulated charge per month for room and board; the idea being that such old people would then becone eligible for the old age Fension. Our County Farm goes into debt each year and the Court thought this one way of making this particuler project on the Fark self-supporting. Will you please advise me if the Court could do this?" Section 8 of Article XVI of our state constitution provides: "Lech county in the state may provide, in such manner as may be prescribed by law a manual labor pour House and Farm, for taking care of, managing, employing and supplying the wants of its indigent and poor inhebitents."

Article 2351, Vernon's Annotated Civil Statutes, states in part: "Lech commissioners' court shall:

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"11. Frovide for the support of peupers and such idiots and lunaties as cannot be adnitted into the lunatic asylum, residents of their county, who are unable to support themselves. By the term resident as used herein, is meant a person who has been a bona fide inhabitant of the county not less than six months and of the state not less than one year."

While it is true that the commissioners' courts are limited in their powers to those conferred upon them by the constitution and statutes of this state, it is likewise true that such powers do not of absolute necessity have to be expressly given but may exist by necessary implication. 11 Tex. Jur. 364; 11 Paso County v. 11am, 106 S. W. (2d) 395; Howard v. Wallace, 15 S. W. (2d) 335.

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477

Kon. Fred V. Moridith, page 3

We held in our Opinion No. 0-2217: "When the Commissionsers' Courts were oxpresely given the power and duty to 'provide for the support of paupers, ^[1] by necessary implication they were clothed with the authority to do all the ineldential things necessary to provide for their support."

It wes also held in our Opinion No. 0-6125 that: "The Commissioners' Court of Boxer Counts has the legal authority to enter into a contract with a group of private individuals, or with a charitable oorporation whereby the facilities and grounds of the bexar County School for Boys can be used by such group of private individuals or corporations to receive and provide for all delinquent and dependent boys committed to such institution by the county and district courts of Boxer County, Texas."

This opinion was based on the following reasoning: "We understand that such property which you desire to use was acquired and used for the purpose and aims as were conferred on all counties by Article 5136, Vernon's Annotated Civil Statutes, i. e., to establish, equip and maintain detention homes and parental schools as may be necessary to care for the dependent and delinquent children of the county. We know of no reason why such property could not be used by an organization as you propose in order to carry out and accomplish the original purposes intended." (Emphasiz ours) See Anderson v. Wood, 152 S. W. (2d) 1084.

Since the Commissioners' Court "has implied authority to exercise a broad discretion to accomplish the purpose intended" under article XVI, Section 6 of the state Constitution and Article 2351, V. A. C. S., it is our opinion that the Commissioners'

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478

Hon. Fred V. Werldith, page 4

Court has the authority to lease the home on the county farm to a private individual in order to provide funds to accomplish the purposes under art. 2351, Subdivision 11, supra.

In connection with the foregoing we wish to call your attention to H. B. No. 127, Aots of the 49 th Logislature, R. S., p. 577 , (Art. 4442b, V. A. C. S.; Art. 701b, V. A. P. C.) which concerns the regulation and licensing convalescent homes.

It is to be understood that we are not herein passing on the eligibility of the occupants of the Home for old age Assis. tence.

Yours very truly, ATTORNEY GENERAL OF TEXAS

By

John Reeves