*1 TXZE A~~OEZNEYGENERAL

OFTEXAS

Honorable D. W. Burkhalter

County Attorney

Throokmorton County

Throolanorton, Texas

Dear Sirs Opiaion No. 04874

Ret Authority of Cordrsionerr’ Court to pay for speoial electioa ia or- derthat v&errs may decide whether county should employ trapper, etc.

Your requett for our oplaioa ia the above captioned matter has beea re+ oeived, and m quota from your letter as folloasr

"The CwaniasionersC Court of this oouaty has ordsro&ma eleotion to be held on the 15th day of April, 1944, to dotemire nhother or not the voters of the ooqty desire the oonmissionsrs* court to employ trappers to trap predatory animals inthis county.

'And the question has arirea among 8cm of *ihe oonmiesionere a8 to whether or not they are authoriesd, or have the authority, to pay for the holding of such an election, out of the General FUds of the oouaty~ and "Also whether or mot, in the wart the elsotion should aamy, or be ia favor of employing such trappers, whether or not thrgwould be authorized or have the authority~to employ such trapper+, and pay them out of the General Funds of the oouaty."

After a careful study of the statutes, we find no provisions authoriz- iag the oomissioaers' oourt of Throc!mortoa County to call a speoial eleotioa in order that the voters may decide whether the oouxtty shall employ a trapper to trap predatory aaimals in said omaty. Siaoe the oomnisaioners' oourt does not have authority to call the above descritid eleotiom, it muat neoessarily follow that said body does not have the authority to pay for such am election.

mare saolosiag a copy of Opinion IVo. O-2709 wri$tar by this department which we fell fully covers the powero of a o&ssioaere court to employ and pay a ooumty trapper for his semioes.

very truly yours, JCD:db:eg* ATl’ORBEy GENERU OF TEXAS EnClOSlUYI

AFPROVRD VU2 27, 1944 By /s/ J, C. Davis, Jr. /a/ Gee. P. inackburn Assi staat (Acting) A.'TORNNY GENERAL OF TEXA2