With reference to your letter of April 10th .to hhioh.the above opinion ,number has been assigned, kindly be advised that same has received the attention of this Department as per your, request contained therein which reads: ,‘: Wan the Commissioners’ Court legally expend co&y funds for transportation of WPA workers engaged ln drill- ing wells and testing the mineral content of water ‘over the county--such work being supervised by the Board of Mater Engineers with the purpose of preparing ‘a statisti- cal map?”

Article 5, Section 18 of the Constitutlion of Texas, creat- lng the Commissioners’ Court, reads in part as follows: I’ D.. .The County Commissioners so chosen, with the county judge, as presiding officer, shall compose the oounty Commissioners1 Court, which shall exercise such powers and jurisdiction over all county business, as.is conferred by this Constitution and the laws of the State, or as may be hereafter prescribed.”

The Commissioners’ Court of a county is a areature of the Constitution under Article 5, Section 18, and its powers are limited and controlled by the Constitution and the laws passed by the Legis- lature .--Commissioners’ Court of Madison County et al vs. Wallace et al--(Supreme Ct .) 15 SW 2nd 535.

We are unable to find any statutory authority,, expressed or implied, granting to the Commissioners ’ Court the power to expend county funds for the transportation of W.P,A. workers engaged in test- ing the mineral content of water throughout their respective counties. The fact that such work is supervised by the Board of Water Engineers would have no weight upon the question of whether or not the Commis- s%ohers’ Court had such authority. There being no statutes on the sub- ject, such project in question would not come within the meaning of *2 Hon. Ralph Logan, page 2 (O-638)

“county business” over which the Commissioners1 Court can exercise a general authority, in the absence of special powers specifidally conferred by the Constitution and laws of this State.--Bland vs.

Orr, 90 Tex. 492.

It Is therefore, the opinion of this Department that the Commiseioners~ E ourt Is unauthorized to expend county funds for transportation of W.P.A. workers engaged In drilling wells and test- ing the mineral oontent of water over their respective counties.

Very truly yours ATTORNEY GF&XBAL OF TEXAS By /s/ Wm.J. R. King Wm. J. R. King, Assistant ~APPROVEDt

/s/ Gerald C. Mann

BTTORHEY GENERAL OF T&X&S

See Conf. Opin. 3073

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