Case Information
*1 -- I !/, [*] /
,: ‘c OFFICE OF THE AlTORNEY GENERAL OF TEXAS AUSTIN
GROVDR SLLLLRS
*lro”N.* QLNRAI.
.:onorabh 3. P. Whltm Judga
2xlAty .cirt.in County
.Jtacton, TOxa8 Gpikllon NO. 0.7ou
>sar A.rr
-.iour letter ot
3x1 departnent~tte this :ai1owe:
that OUT COEL- *John T. iipley was Clerk hero for twenty y&?&m prmore preoedin% hi8 death rive ysera ‘~ ac;o. 28 operated thia abatraot in 'Glork's 0PZios and at tha or hla death, air rife, Sire. Lanorah 3. &~iey, war ap9olnted to take his plaoe and she hen continued to operatr this fin in thin ofrioe. Ahe is *2 ;ionorobla 13. 3. White, page 2
using the County equipment, utllitlaa, and hired help that la being paid with the fea from the orfloe to do this abatraot work. Pl6066 give us aA opinion as to the legality of her operating this in oonAaotion with her County and Dlstrlot Clark'6 officei 6Ad also, give ua an opinion on the legality of the commissioners' court allowing this 0ffi06 to operate in the courthouaa and paying help and fur- nishing offloa equipment and aup~liaa for the aama.6
In our @iAiOA No. O-921 we held:
"The meking of abatraota of title is outside of soope of the offlolal duties of the oounty olerk. The pro9ering and copying of field notes mey or mey not be carvicaa wlthln the scope of the dutiaa of the office cf the oounty olerk; the fact6 in eaoh oese will de- tmnine this queetion.
"The oounty olark has AO authority to uaa county employees paid by the county to perform sarvioea out- aide of the acopa of the duties of the offloe of oounty clerk. Labor paid for by the oounty should Aot be ueed Sy clerk in the performenoa of activities outside of th6 aoope of the duties of hia ofl'ioe." It ?-~a3 held iA the Opinion Of YOAOrabl6 B. F. LOOney t0 iionorsble J. J. StriOklsAd, dated April 12, 1915:
"It i6 a matter Of OOJILOOA knowledge that a aOU.rt- house la daaignad for publio use eAd no one should be allowed, or permitted, to oooupy It exoept the public offioiala Aemed in the statut6.v i
hollowing the reasoning In the foregotig opinion by Eonor- able 3, F. Looney and the case of Dodson V. lrlsrahall, 118 S. X. (26) 621, writ dismissed, we held in Opinion No. O-178 that the Conuaissioners~ Court was without authority to rent or lease offices in the courthouse.
In view of the foregoing it is our OpfniOA that the OOuAty-, district clerk CeAAOt legally operate the abstraot plant iA her Of?tOQ :or at any other place iA the oourthouse.
:ie :~OW of Go authority for the Commissioners* Court to expend county funds I'or office equipment and supplies t0 be
-. 51 . B. F. White, pa436 3 Zonorabl~
used for purposes other then "county pUrpoaaaw. LlorBovar, we know of no authority Sor a oounty offioar to use tees of offloa to pay help used by said officer for a purpoaa other than that of oarrylng out the dutlae and iUOtiOA8 of the offloe. your questions a?a therefore answered in the nagativa.
Yours vary truly, ATTORNLY GCi3NIiW OF lFZA.5 Aa8iStant PG John Reeve6 J2:J.J