## THE ATNBENEY GENERAL OFTEXAS
C~c*wPORD c. MARTXN Au%rrIN, TEXAS 78711 AT-rOHNEY GENERAL July5,1972

Honorable G. F. County Attorney Colorado County Columbus, Texas Steger Opinion No. M-1166 Courthouse Re: Does Colorado County have 78934 authority to lease space outside the county seat foruse as abranch office by county officials and employees? Dear Mr. Steger You have requested the opinion of this office regarding the subject question.
We have carefully examined Article 1605, Vernon's Civil Statutes thebasic statute regarding location of county offices, andwe f&d no authority contained therein thatwould permit the County of Colorado to lease space outside of the county seat foruse as abranch office of the county. We would note that Article 1605 and several statutes following contain many special authorizations for counties within particular population brackets. All of these statutes have been strictly construed aspermitting only theparticular action specified, andnone of them constitute a general authority. SeeAttorney General's Opinions WW-1296 (1962)?R-2993 (1952),O-697 (1939), and O-243 (1939). You are accordingly advised that it is the opinion of this office that the County of Colorado does not have the general authority to lease space outside of the county seat foruse as abranch office for county officials and employees. However, we would point out that although there isno authority for Colorado County to lease branch office facilities outside the county seat, another statute, Article 1605a-3, Vernon's Civil Statutes, would apply to Colorado County. This statute is quoted inpart as follows:

"Section 1. This Act shall be applicable in any county inwhich there is an incorporated city

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having apopulation ofnot less than two thousand (2,000)which is located more than ten (10)miles from the county seat, and shall apply to such city. "Sec.2. Any countv and citv towhich this Act is applicable are authorized'jointly to own, construct, equip, enlarge andmaintain a buimng in such city tobe used forbranch offices and library of the county, for acity hall. the justice of the peace, and The cost of construction thereof shall bepaid from current income and funds onhand asprovided in thebudgets or tax levies of the county and the city." (Emphasis added.) According to the 1970 Census, Colorado County contains two cities more than two thousand (2,000) inpopulation, each of which ismore than tenmiles from the county seat. therefore, It is,

our opinion that Colorado County could utilize the provisions of this statute to enter into a joint enterprise with either the City ofWeimar or the City of Eagle Lake,or both, toprovide county office space. We recognize that under the authority ofArticle 2351, subdivision 7, as inte,rpretedin the case of Dancy v. Davidson, 183 S.W.Zd 195 (Tex.Civ.Aoo. 1944, error ref.').certain branch offices may be provided at-locations in acounty other than at the county seat. Your ,requestfor our opinion does not specify which particular offices are in question; therefore, we donot pass upon the question ofwhether the Dancy case may be applicable" SUMMARY

The County of Colorado does not have authority to lease space outside the county seat foruse as abranch office by county officials and employees. Article 1605a-3, V.C.S., authorizes the County of Colo,radoto enter into a joint

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enterprise with the City ofWeimar or the City of Eagle Lake, orboth, for the establishment and operation of branch county offices. You&ery truly,

eneral of Texas Prepared byMalcolm L. Quick Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman W. E.Allen, Co-Chairman Jim Swearingen John Reeves Ben Harrison Scott Garrison SAMUEL D.MCDANIEL Staff LegalAssistant
ALFRED WALKER Executive Assistant NOLA WHITE FirstAssistant

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