Case Information

*1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS

AUSTIN

Honorable 7. G. Garza

County Attorney

Brooks'County

Pelfurr~aa, Texas

Dear sir:

n the above stat- ly aonaldered by

art, as follows: exglanatioa nay that our town d therefore the or the upkeep oi the other tiscellaneous riattcrs; e trairic ii3 somewhat heavy ed at tlzes at the particular 0218 above rcentioned, ths State partmnt has ayrsod to turnlsh 0 likzhts provided that the oounty will pay for the li&t bill.” Iie quote from Texaa Jurlspruaenoe, Volrnne ll, 564, 665, and 566, as hollows: pagee 563,

nCounties, bein aomgonent parts of the state, have no pozers or duties exoept those which are olcarly set r0rth and defined in the conaitution and statutes. The statutes have olearlp *2 Honorable .y. G. Garza, Fage 2

defined the powers, presprlbed the du-

t1eo and lmpased the llabillties o&missioners* oourts, the medium

through whloh the dlrrerent oounties

act, and from those statutes must come

all ths authority vested in the ooun-

ties.

“The arants of powers to suoh governmental agenoles as counties,

townships and sohool distrlots generally more strlot$.y are

construed than

are those to inoorporated munloipali-

tiee. The oonuaiasioners* court Is not

vested with any general polioe power.

. . . .

*Coxmlssloners* courts are courts jurlsdlctloa, in that their oi linited

authority extends only to matters psr-

talning their respective their powers are only those expressly to the general welfare or

counties and that lmpliedly oonferred upon them by law, - that Is, by the ooastitution aad stat-

utes or the state.w The exclusive jurlsdlotloa over State highways placea in the State Rlghv:ay Commission by Art'lole 6673, Revised Civil Statutes of TexEs, whloh reads in part as r0uw: _ *Artlole. 6673. Control of, Highways.

“The oomz~lsslon Is authorized to take over and maintain various State

highways in TBXRB, and the counties

through whioh said highways pass shall iron any cost, expense or super-

be free

vision of suoh highways.” * * *

After a.oareful and exhauetlve study or your question, re have been unable to rind any authority, ex- pressed or Implied, whioh wouLd authorize the County Com- laissloaers of Brooks County, Texas, RPPrOPriRte money to pay the light bill .that would be laourred by maiataia-

771 G. Garza, Fag9 3 Iioaorable‘a.

in3 and'upkeeping two eleotrio trafrio lighta at tws In- tereeotlons two state hlghxaye lntersectlng la the heart of Palfurrias.

Therefore, you are respectfully advised that it aplnloa of this department that the Oounty Coaimis- sioaers’ Coui’t of Brooks County, Texm, does aot have. the expressed or implied, expend the oounty fund6 authority, Sor the purQo8e about ?rhiOh you inquire.

TsYstlng.that the foregoing satisfaotorlly answers yopr iaquirp, we reada

Yours very truly ATTORNEY GErUiRAL OF TXCAS D. Burle DaYis Asslstaat ,ATTORURY GRN?ClUL OB TRXE3