Case Information
*1 GENERAL. TEEA~RNEY OF TEXAS
AUSTIN 1,. -
Hon. 3. T. Phelps
CountyAttorney
Webb County'
Laredo, Texas Opinion No. O-1779
Dear Sir: Re: May a county commissioners' court either appropriate-current funds of the county or raise money through the channels providea by law for the purpose of purchasing a site for donation to the United States Government'.for purposes of a military reservation?
Your request for opinion upon the above stated ques- tion has been received and considered by this department.
We are unable to flnd any constitutional or statutory authority for the expenditure or appropriation of 'county funds by the commissioners' court for the purposes above described,
The courts of Texas have repeatedly helIa that commis- sioners courts may exercise only such authority as Is conferred by the cohstitutlon ana statutes of this state. There are abundant authorities to this effect. We cite the following:
Article 5, Section 18, Constitution of Texas; Article 2351, Revised Civil Statutes of Texas; Texas Jurisprudence, Vol. 11, pages 563-566; Bland vs. Orr, 39 SW 558;
Mills County vs. Iampasas County, 40 SW 404; Nunn-Warren Publishing Co. vs. Hutchlnson County,
45 SW 2nd, 651;
Hogg vs. Campbell, 48 SW 2nd 515;
Lanailian vs. State, 97 SW 2nd 264;
El Paso County vs. Elam, 106 SW 2nd 393; ,Roward vs. Henderson County, 116,~~ 2nd 791; Dodson vs- MArshall, 118 SW 2nd 621.
Thls'department has repeatedly ruled to the same effsct. For example, Opinion No. O-591 of this department held that the cominissioners' acurt of Galveston County, Texas, was without au- thorlty to expend county funds for the employement of life guards *2 Hon. S. T, Phelps, page 2 0 -1779
for Galveston Beach; Opinion No. 0-1085 of this department held that the commissioners' court of Marion County, Texas, was wlth- out authority to pay the salary of a game warden; Opinion No. O-1299 of this department held that the comnlssioners' court of Bexar County, Texas, was without authorlty to expend county funds for fire protection of ~porticins of the county lying out- side of the city of San Antonio, and-that the county cda.nck contract with the city of SanAntonFo to furnlsh'such fire pro- tection forsuch portions of the ccunty; and Oplnlon No.~O-1001 of this department held that the commlssloners"c'bM?t coiild'not legally make donations to the Tuberculosis Assijciatlon,~.to'.the Amerlcan'NatlonalRed Cross or to'any other charitable organl- xatlon making request for such donations.
-We call ytir attention to Article 5885, 5888, Revised Civil Statutes of Texas, which reads as follows:
"Each Commlssloners' Court and the Council or Commlssl.on of each City or Town in this State Is hereby authorlsed In their dlscretloii, to appro-~ prlate a sufficient sum/not otherwise appropriated, to pay the necessary expenses of the administrative unlta of the Natlonal Guard of thls.State. located In their respective Counties and in or near their respective Cities or towns, not to'exceed the sum of One Hundred ($100.00) Dollars per month for such expenses from any one such Court, Council-.or Com- mission for any one organization; and In addltLon, In behalf of their respective Countles, Cltlesor Towns, to donate, eitherin fee simple OP otherwise, to the Texas National Guard Armory Ear&, or to any one or more of said units for conveyance to said Board, one or more tracts 0f"land as sltes upon which to construct Armories and other bulldlhgs suitable for use by such units; and any and all such donations heretofore made to said Board are hereby validated and any such donation heretofore made to any such administrative unit, either as a corporation or otherwIse, and conveyed OP to be conveyed to said Board, Is hereby validated. As amended Acts 1939, 46th Leg., S. B, #426, 1 1."
While this article undoubtedly gives the commissioners' court the power to donate In fee simple or otherwise, to the '~ Texas National Guard Armor?y Board9 or to any one or more of'sald units for conveyance to said Roard, one or more tracts of land as sites upon which to construct Armories orother buildings suitable for use by suchunits, it does not authorize the commis- sioners' court to purchase a slte^for donation to the.United States Government for purposes of a'mllitary reservation. *3 O-1779
Hon. S. T. Phelps, page 3 You are therefore respectfully advised that It Is the opinion of this department that your question should be answered in the negative and It Is so answered.
Very truly yours ATTORNEY GENERAL OF TEXAS By s/Wm. J. Fanning Wm. J. Fanning Assistant
WJF:AW:wc
APPROVBD DEC 21, 1939
s/Gerald C. Mann
ATTORNEY GENERAL OF TEXAS
Approved Opinion Committee By s/BWB Chairman