Texas Attorney General Opinion: M-69 Page: 2 of 3
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Hon. F. B.~loyd, Jr., page 2 (M-69)
The courts of Texas have repeatedly held that county
commissioners' courts may exercise only such authority as is
conferred upon them by the Constitution and statutes of this
State, either by express terms or by implication. Tex. Const.,
Art. V, Sec. 18; Bland v, Orr, 90 Tex. 492, 39 S.W. 558 (1897);
Roper v. Hall, 280 S.W. 289 (Tex.Civ.App. 1925); Landman v.
State, 97 S.W.2d 264 (Tex.Civ.App. 1936, error ref.); El Paso
County v. Elam, 106 S.W.2d 393 (Tex.CivApp. 1937); Hill v.
Sterrett, 252 S.Wp2d 766 (Tex.Civ.App. 1952, error ref., n.r.e.).
After a careful study of the Constitution and statutes
of this State, we find no provision authorizing the commissioners'
court to pay out of county funds for telephone services used by
a U. S. Tick Inspector stationed within the county.
Both Section 5 and Section 6 of Article 1525c, Vernon's
Penal Code (the Tick Eradication Law), make reference only to
loqal inspectors nominated by the commissioners' court and appointed
and directed by the Texas Animal Health Commission.
In view of the foregoing, it is the opinion of this of-
fice that the county commissioners' court is not authorized to pay
the telephone bill for the U. S. Tick Inspector stationed within
the county.
S UMMA R Y
The county commissioners' court is not
authorized to pay the telephone bill for the
U. S. Tick Inspector stationed within the
county.
Yo s very truly,
C WORD C. MARTIN
A orney General of Texas
Prepared by Alan Minter
Assistant Attorney General
-318-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-69, text, May 8, 1967; (https://texashistory.unt.edu/ark:/67531/metapth269288/m1/2/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.