Case Information
*1 OFFICEOFTHEATTORNEYGENERALOFTEXAS AUSTIN
Honorable E. A. PFatson
County Attorney
Crosby County
Crosbyton, Texas
Dear Sir:
paying salary rbr ive aonMu3 where not’ for 1930. oontainad in your letter f Crosby County ration Agent be- pay herra salary of $50.. ing 2fionths or x9591* out in your latter that no pro- at of acth Agent, nor were any the year 1999.
Roviaed Civil Statutes of 1925, a8 .md- sioner*s Oourt of.any @o&y at thi8 zed to."eatabliah and ooadaot ao-+Mra- tire demonstration work in dgrioultuse and Hema W&n@- mios in oo-operation with the Agrioulttiel and Mqqhan- 'ioal College of Tefas, upon euoh ta?sr and 6Wti%tOZt.. ae may be agreed upon'by the Commissionerst qoqt and the Agents of the Agr%cultural and Xeohan$oa~ C~lle&~ of l!er.ae; and may emploT 8nb@~means, and spay appro- priate and expend auoh aam6 pi,aaoney ae'iay be ~nae- easary to effsotlvely establrlttih oarry on auoh de- monstration work in AgrfetiLtmrs and Hema E~W~QSIOS ia that, respaotive oouati61B.~
Eonorabh B. A. Watron, Paga 8
The ertlnent provirlonr oontrollln your question,
and set forth P II Artfola 689a-11, Revised CIv 1 Statuter, f pro@ rldez t
” . When the has been finally ape provad*b; the Commis#lonsrr* Court, the budget, as approved by the oourt shall be illad with the Clerk O? the County Court, and taxes levisd only fn ao- oordanoa~ thersrlth, no expenditure of the fundo of the oounty shall thereafter be made sxoept In strlot oomplianoe with ths budget as adopted by the Court. Eroe t that emergenoy eapsndltures, In ease of grave pub P lo nedsarity, to meet unusual and un- foreseen oondltlom whioh oould not, by reasonably diligent thought and attention, have been Inoludsd in the original budget, may from time to time ba authorized by tha Court as amendments to the orlg- Inal budget, . . .II
Tha above statute authorizes the Commlsslonsrs’ Court o? any oounty to establish and oonduot oooperatlve de!nonatratIon work in Home Eoonomioe in oooperation with the Agrioultural and Yeohanloal Collage of Texar , nooordlng to terms and oondltlone In order to ocmplp as may be agreed upon between suoh agenoles. with the provision8 of tha budget law, the above provisions of Artlole b89a-11 would oontrol. B Ing a question of fact, all ! fsots and olroumstanoes Sould har ly be plaoed betore this de-
partment In a matter of thin kind suffloiant for u6 to pass upon the Question of whether or not an emergsnoy expenditure would bs authorized or that the situation oonstitutes a oass of~great pub- Suoh questions are by the stetute to be paaeed 110 neoessity. upon by the CommiEaionere’ Court, and ‘*:a think properly so.
It is, therefore, the opinion of this depart-rent that it is wlthln the disoretion of the Comalaaloners’ Court under Atiiole b89a-11 to determine whether or not a situation, as would sutbrrize an amendment ot the budget to allow the employment and a ralarp of a County Home Demonstration Agent, oonetitutsa a oasa of grave pub110 neoeseity authorizing emergenoy expenditures. Tha employment oan only bs made by aruend*,ent to the bud.Zet as an *emerEenoy expenditure”, and suoh expenditure must be predioated It a ease of “grave publio neossalty to upon iaots oonstltutlng raet unusual and’ unforeseen ocndltlone whioh oould not, by reason- *!bly diligent thought and attention, have been included In the
Honorable E. A. Watson, Page 3
orlgin&l budget.’ If raots rurceptlble of auoh Interpretation determined by the Commissioners’ Court to exist. oonstitut- are the appointment a matter of *grave pub110 neoesilty’, etc., lw the employment will be authorized by amendment to the budget.
Y&m very truly