Case Information
*1 OFFICEOFTHEATTORNEY GENERALOF'I'EXAS
AUSTIN
Xrq. 9111110 O*Besl
cqigatg Auditor
Carson County
Panhandle, Texas
and maintain jails
aounty than the w
there is no jail in'& county, the a suitable house or&employ guards, Che ,e~pe+!s to be paid by the ~pw@t oountg."
This dePa'&tme~t has repletedly *ala thei; the Cm- &mioners' oourt bss euthopity to build and naintala jails et *2 Us. Willie G'Neal, Fege 2
plaoes in the county other than the oounty seet. See opinton X0. O-14 of this department, dated January 6, 1939, cud opinion dated January 28, 1928, written by Hon.%. Grady Chandler, Assistant Attorney General, addressed to Honorable C. 0. works, County Attarnsy, Texas, Letter Opinions ZXJ.anett, of the Attorney General of Teas..
Your first question .x8 therefore answered in the atiirmative.
The oommisaioners' ooort Is e owrt or limited power and jurlsGiotIon) and has no powers duties except those whIoh are clearly set rorth end defined In the Constitution and statutes. The statutes here olearly defined the pmers, prescribed the duties, and Imposed lIabIlItIes or the oom- missioners' oourt, the medium through which ShuTET&Perent en& iron these ~sue$ ooms all of the oounties eot, authority. vested In the oounty. Tex. .Jur., Vol. ll,.p. 563; Edwar& County vs. Jennings, 33 5-W. 585.
We quote rrom Texas JurIsprDOenoe, Vol.,. 11, p. 632, at3 r oil0ws : ..,.. ~~ ;,
@The authority of the oosmIssIone,rs* court as the governing body of a oounty to,make oantreots in Its behalr Is strictly limited to that oonfemed either expressly or by rsir or neoessdry Implication by the oonstitution and laws of this'stete. If the 0ommIssioners~ court sots without authority In m.ak- lng a oontraot, the oounty Is not bound by Its aotlcm n . . . . 4434, Revised Civil Statutes, reeb as roi-
lows:
vCo-dperatlon-The num$oipal authorities or towns and oities, and cormaissioners' uourte of the oounties wherein euoh towns and olties are situated, may co-operate with each other In making suoh Improvemeats oonneoted with said towns, cities and oounties es said authorities, and oourts deem neoessary to Improve the pub- lic health and. to promote efficient sanitary regulatIona; an8 by mutual arrangement, they may provide for the construotion of maid Improvements *3 Mrs. WIllIe O*Xeal, Page
and payment therei"or.* 2336, Revised Civil Ptetutes,~ reads as
r0ii0wa: T?ald~oourt may ereot bridges wIthln the
corporate lImIta 0r any olty town to the Saab extent and under the asms oondltiona now pre- aorlbed by law ror the oonstruotlon ot k+&% outside the lIm3ta of any oity or town.
oourt and the governing body of any city or torat may co-operate In the ereotion of a brid&e with- In the oorporate limits or a city or town; and jointly eraot such bridge upon terms and oondl- tiona mutually agreed upon; and either or both the city and oounty may'lasue its bonds to pay Its proportionste pert or the debt by complying with the requirements of the lea regulating the Iaauanoe of bonds by oountiea and oitiea and tomna.*
Rrtiale @+92, Revised Civil Statutes, reeds es fol- lows1
*Any commIaalonera* court eo-operate wlth and join the proper quthorltiea of any olty having a population of ten thousand per- sons or more In the establishment, building, equipment .and maintenance of a hospital In said oity* and to appropriate such funds as may be determined by said oourt, after joint oonferenoe with the authorities of auoh oity or town,.and the management of auoh hospital shall be under the joint oontrol of such oourt and city authorItIea.n
3pInIon No. O-1000 of this departmentholda that tlm ocamisaIonera~ oourt 0r Upahur County oannot 1s ally enter into (I partnership agreement with the oitg of 'z 0 lmer to pur- ohsae a motor grader ror road and street repalr work.
Obviously 'if the title to the jail described In your letter la in an inoorporstad oity, then aaid jell would be a voity jail" and not a "oounty jail."
I&s. YXllie O'Neal, Page 4
The above quoted statutes speoIfIoally authorize ocntraota between.oountiea end cities ror apeoitio purposes therein a~tsted; however, after a diligent search of the we do notrind any statute authorizl~ the mm- rlaaionera~ oourt tz expend county funds~ror the ooustruo- tlou or equIlym~ent of a city jail nor have we round any statute whioh would authorize ths oommiasloners~ oourt to enter loto a oontract md ?srtnershlp tith a city and e)i- pend county funds for the oonstruotlan and equipabut 0r e oity-oounty j611.
Tolur neconc? question Is therefore enawered In the negative.
Very truly yours ‘Ah. J. yenning AssIstant l’JF:AW
AiiOWC AFR 17,
s/ Gerald C. Mann
Vl'TOENEY CZWFZ?AL C:F TEXAS