Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

GROVER SELLERS ATTORNEY GENERAL

Honorable Homer D. 56k County Auditor Payette County Lecrange, Texas

Dear Sir:

UPINION No. 0-6859

Re: way a commissioner of Poyette County lease a truck from a private individual for county use and pay to add owner the difference between the earnings of the truck and the cost of repairs, labor and gasoline, while paying the amount of said bills to other individuals?

Your request for our opinion on the above questions, reads as follows:

"I would like to have your opinion on the following fast situation:

"Commissioner A." of Poyette County, Texas, has been looking a truck from a private individual for a consideration of $\pounds 50$ per hour while such truck is in use, in the county. While such truck is in use, at other times happen that the truck needs to be repaired, and the commissioner is having these repairs made on the truck by other private individuals, as for instance:

"O. For parts to ... company . . . . 5.60

"D. For labor in repairing such truck to B. . . . . . . . . 10.00

"C. For gasoline and oil used in such truck to C. . . . . . . 15.00

*2

Horn. Homer D. uok, page 2 "A. company that furnishea the parts for repairs of the truok makes his oharges directly to Fayette County, and so does B for his labor and C for the gasoline that he sells and delivers. Supposing the truck is being used by the commissioner for 50 hours for the benefit of the ountry the aetual earnings of the truok would be $\pounds 75.00$ at $\pounds 1.50$ per hour. Instead of paying the owner of the truok the entire $\pounds 75.00$ , it is contemplated that the ountry pay him only the sum of $\pounds 45.00$ , being the difference between the earnings of the truok and the oost of the repairs, labor and gasoline, and that the ountry pay directiy to A, B and C their respective bills of $\pounds 5.00,\ge 10.00$ and $\pounds 15.00$ as above outlined. Based on the above fact situation, I would like to have your opinion on the following questions: "1. Is it legal for the commissioner to leage such a truck from a private individual on the above basis for the benefit of the ountry, assuming, of course, that the court oonours? "2. Is it legal for the ounty to pay out the above mentioned bills to $A,B$ and $C$ directiy since such expenditures are made on a private individual's truck under lease, upon presentation of proper claims by $A,B$ and $C$ to me for such items?"

Article 2351, Vernon's Annotated Civil Aetutes, constitutes the general grant of power to the Commisgioners' Court of a county, said atatute providing as follows:

"Lach commissioners court shall:

"1. Lay off their respective counties into preoincta, not less than four, and not more than eight, for the eleotion of justices of the peace and constables, fix the tinea and places of holding justices courts, and anall establish places in such precincta where elections shall be aeld; and anall establish justices precints and justices courts for the unorganized counties as provided by law. "2. astablish public ferries whenever the public interest say require. "3. Lay out and establish, onange and discontinue public roads end himways.

*3 :on. ioner D. .ok, pece 3 "4. Build bridges and keep them in repair. "5. Appoint road overseers and apportion hends. "6. Exerclse general control over all roeds, highways, ferries and bridges in their counties. "7. Provide and keep in repair court houses, jails and all neceesery public buildings. "8. Frovide for the proteetion, preservation and diaposition of all lands granted to the county for education or sohools. "9. Frovide seals required by law for the district and ountry courts. "10. Audit and settle all gesounts against the ountry and direct their payment, "11. Frovide for the support of paupers and such idiots and lunaties as cannot be adnitted into the lunatic asylum, residents of their ountry, 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 ounty not less than six months and of the state not less than one year. "12. Provide for the burial of paupers. "13. Funish contempts by fine not to exoeed twentyfive dollars or by imprisonment not to exceed twentyfour hours, and in case of fine, the party may be held in oustody until the fine is paid. "14. Issue all such notices, citations, writs and proceas as may be necessary for the proper execution of the powers and duties imposed by such court and to enforce its jurisdiction. "15. seid court a:all have all such otter powers and jurisdiction, and s:all purfor: all suor otier duties, as are now or may hereafter be prescribed by law."

*4 Horn Homer D. Lok, page 4

The powers expressly given to the Commissionsers' Court in the above article carry by implication all such other powers as are reasonably necessary to carry into effect the granted authority. Leaster v. Lopez, 202 S. W. 1039; 21 Paso County v. Llam, 106 S. W. (2d) 393.

In addition to the general powers of the Commissionsers' Court above referred to, the Commissionsers' Court of a county has express authority under Article 6731 of Vernon's Annotated Civil Statutes to lease, rent, or hire necessary road machinery, tools, implements, etc., for grading, draining or repairing the roads of the county. Said statute roads as follows:

"The commissioners court of any such county is authorized to purchase or hire all necessary road machinery, tools, implements, teams and labor required to grade, drain, or repair the roads of such county, and said court is authorized and empowered to make all reasonable and necessary rules, orders and regulations not in conflict with law for laying out, working and otherwise improving the public roads, and to utilize the labor and money expended thereon, and to enforce the same."

While you do not state what the truck in question is being used for, we presume it is being used by the county for lawful purposes. If so, it is our opinion that the Commissionsers' Court has both express and implied authority to lease such truck from a private individual for the benefit of the county on the basis stated.

It is also our opinion that it is legal for the county to pay the bills mentioned so long as such expenditures are in payment of and do not exceed the amount to be paid for the lease of said truck.

Yours very truly,

ATTO: 2:Y GILL: 2:1 OF L: 2:5

By Jas. Dr Bassett

Jos. W. Bassett

Assistant

APPROX: 1 OFINION COMMITTEE By JECO