Texas Attorney General Opinion: O-2842 Page: 2 of 3
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Honorable Luther C. Johnston, Page 2
Articel 2372e, supra, provides in effect that the
county com issioners' courts of this State are authorized to
purohase materials for the purpose of aiding and cooperating
with the agencies of the State and Federal Governments in
the construction of buildings for the purpose of housing can-
neries and oanning factories where appropriations have been
or nay hereafter be made out of the Federal and State funds
set aside for the relief of the unemployed and needy people
of the State of Texas and to pay for such materials out of the
county' permanent improvement fund. Article 2372e-2, supra,
provides in effect that the county oommisioners' court of
any county in the State is authorized to lease, rent or pro-
vide office space for the purps e of aiding and cooperating
with the agencies of the State and Federal Governments engaged
in the administration of relief to the unemployed and needy
people of the State of Texas, and to pay the regular monthly
utility bills for such offioes, such as lights, gas, and
water and when in the opinion of the majority of the commis-
sioners' court of the county suoh office apae ise essential
to the proper administration of suoh agencies of either the.
State or Federal Governments, said court is specifically
authorized to pay for the same and for the regular monthly
utility bills for suoh offices out of the county's general
fund by warrants as in the payment of such other obligations
of the county.
We agree with your statement, above quoted, that the
National Youth Adainistration is not a relief agency that would
cose within the purview of the above mentioned artloles.
It has long been hold in this State that the connis-
sioners' courts are courts of limited jurisd motion without any
power or authority except suoh as is expressly conferred or
exist by necessary iplio tion. 1 Paso v. Elan, 106 6.W.
(2d) 393; Howard v. Hendervon County, 118 B.eW (24) 479;
1ill County v. Bryant & Huffman, 264 S.W. 620; Comissioners'
Court v. Waller, 1 5. W. (2 d) fl&
In the last oase cited in support of this proposition,
Judge Pierson, speaking for the Supreme Court, approved and
confirmed the holding of the Court of Civil Appls on this
proposition, reported in 281 B.W. 873. In the Court of Civil
Aceals ease, Judge Barous of the Waoo Court said:
'The coistners' court is a creature of the
State Ca stitution and its powers are limited and oon-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-2842, text, October 22, 1940; (https://texashistory.unt.edu/ark:/67531/metapth260064/m1/2/: accessed July 12, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.