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Untitled Texas Attorney General Opinion
O-5931
| Tex. Att'y Gen. | Jul 2, 1944
|
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*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN

Honorable John C. Marburger

County Attorney Feyrtte county

LaGrange, Texes

Dear Sir1

quseting the opinion of thir departPlarrf oatian -da 'as ;tol- Sows:

l tatutas, we faU.to find Texas have repeatedly hqld thst tha powers Court are 15.mlted to those sxp7~sly grant- natitutlon and statute.6 and suoh powers as ose exprassly glxlllted. Shoe our marsh tails to reveal the existence of a statute that &res exprass author- ity to the Cammissioners* Court to expend fts funds in the rim- aer stated, we must saa ii auoh authority is istplied by oonalder- lag other statutes that do aLthoriee the rfomlssioners' Court to provide ald t0'aertal.n Federal Governmeat a6enoiee operating within this State. Saatlon 17 or Artiole $331, R. C. S., extends the

authority of ths Ocaunisslonars * Court to include the making of appropriations to aid and assist the United States Department of *2 Ran. John C. Idarburger - p. 2

Agriaulture In the distribution of aommadlties to pereona In need of assistanoe under the Food and/or Cotton Stamp plan. The plain lantyuape of the statute clearly sets out the l ddltional powers ertlnted to the Commissioners1 Court and #uoh addltansl powers are limited to aid 2lven to thin par- tiaulsr branah of the United State6 Oorernment. iSe fail to find any langua@ implyin& that this authority oould be ex- tended to permit tha rendering of aid to another branch of the 2orerIumHIt ldentifled as the Farm Seourity Administration.

Artlole 23728-2, R. C. S., relates to the authority aP the CoPlmisslonere* Court to provide offloe apaoe and to pey regular monthly utility bills, eta,, for the purpose oi alding and aooperating with the agenaiee of the Federal Oar- l rar?nt engaged In the administration ta the unem- of relief played or needy people of the Stata.

The Farm Seourity Administration, formally the Re- mettleme& Admlnietration, prinolpally oaoupiee Itself with rehabllltatlon problems aonoerning tarma and housing and though rush oifioe ma9 render a valuable rertios to the aonmunlty, we 08nnot oonstrue ita aotlrltlee to lnalude the ~adminlstrstlon of relief to tlm unemployed or needy people of tbs State OS Twos." Froa a study OS tba Aote ol Oongrem and enoutin orders oresting suoh Farm Seourlty Administration and/or its predeoesaor, Resettlement Administration, we fail to flad any- thing to imply that the dutlea of tha said Farm Seaurity AdmU- irtratlon should kt oo-extenslvs with those of the rariouo agenolee areeted under the National Emsrgenoy Relief Abt. The numerous egunolaa of the Federal Government have their dutle8 and rerponeiblJ.ltles expressly enumerated, esoh in a separate ?leld of endeavor.

Therefore, 5.n the absenoe of any statute either BX- Qreselp ar by lmpliaatian suthorizir@ the Conmiiseionere* Court to expend oounty funds far the above mentioned PurpoBe, it 5.8 our opinion that the aounty oennot legally pay office IF)ntE, light bills, water bille, for th0 Farm Seaurity Mx!~iniS- eta., trat1on.r

Yours very tNly ATTORN5Y OEi?PiRAL OF TZXAS BY Rarrie Tole

Case Details

Case Name: Untitled Texas Attorney General Opinion
Court Name: Texas Attorney General Reports
Date Published: Jul 2, 1944
Docket Number: O-5931
Court Abbreviation: Tex. Att'y Gen.
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