*1 OFFICE OF THE ATTORNEY GENERAL OF -

AUSTIN

. a-Q.- --

Iionwublo R. I). Os%lt

County Attorney

W.lbarger Gouatg

Vernon, n?xEl

Rear Slrr

Lois on the fm

g this privl- PX of the.52 oun ee- a shorlff of xo:m county In or axtondad the prlvhlogc %lox tioa: ‘GlodLd It be necessary that tho Conm~Qsioners Court pmt him a leave of abncncc, that lx the oomm3sionci?s oourt of his couoty?

Ronorablc R. D. Cstglt, page 2

DO Caid COIZI!~LSX~D~~~O C&Pt htiv, tbE Wthority to want such Xesvc? And LP not, by what au-.

thoritg would he be ent2tled to take this J.ca-+s upon?

%u;d he be entitled ‘to his roguler salary during the time he was receiving euc!~ tra4-@.Sng? ’

No quota from 11 Texas JurPeprud.encc, pageo 553- 4-5, as follows I

“Counties, beIn coLQonen:nt, parts OS the @t8ta, havo no poue?? or duties except thoso vhich are .clearZLy set fOrth and defined ii1 the C0113*5.- tution and statutes. ‘in0 statute3 havo~clearly .

defined t’ne Dolb’ere, prcscrIbed ths duties, and imDosed the liabilities of the cor;nissionars’ oouxts, the medium throu$c which the different oountios act, and from theeo statutes must coma all the euthority vested lu the counties. “ . .

“Ca~03i0n~Or3~ courts are courts of U&t- ed jurisdilotion, in that their authority extends only to matters pertainln;: ~to the general vel- fnrc of their rcspect%ye counties end that said porrms exe only those expressly or impliedly conferred upon them by la&, that ia, by the Const;Ltution and .atatutea of the state.” .

lie, hnve b&u urinbls to Pind any statute requiring the sheriff to get permIssion from the co~%ssioners~ court. In OPW? to go outside his county or outoide or” Texa,s.

In. Opinion. No. O-2333 110 hold that the bohxL33ion- orx~ court of Lsm&r County, Texas, had ‘no authority to grant a Leave of absence to the county attorney to enter the U.S. Army. m~ls opiaion also ccf’orrcd to opinion HO. o-3M8 of this department r?h.?.ch held that the commIs:!loners~ court could not deitlaro a vacancy in the office of county attorney ca tho aut!lority to doc2are a vacancy.~~ould be ti the Ma- trict Cowt, Iistilton v., fling, 206 S. W. 953, and citing that the county attorney was entitled to hfs enlary during the tom of his oEfioo or. until a vacmcy vas estnblisiled~ Ve enclose hercvith a copy of Opinion Xo. 0-253j for your inrormation, : ‘.,

[*]

,

~onorab2e R, D. OsvaX., pag? 3