THE ATNBENEY GENERAL 

OFTEXAS 

C~c*wPORD c. MARTXN Au%rrIN, TEXAS 78711 

AT-rOHNEY GENERAL 

July 5, 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 

for use as a branch office 

by county officials and emDear Mr. Steger ployees? 

You have requested the opinion of this office regarding 

the subject question. 

We have carefully examined Article 1605, Vernon's Civil 

Statutes the basic statute regarding location of county offices, 

and we f&d no authority contained therein that would permit the 

County of Colorado to lease space outside of the county seat 

for use as a branch 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 

as permitting only the particular action specified, and none 

of them constitute a general authority. See Attorney 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 

for use as a branch office for county officials and employees. 

However, we would point out that although there is no 

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 in part as follows: 

"Section 1. This Act shall be applicable in 

any county in which there is an incorporated city 

-5685- 
Honorable G. F. Steger, page 2 (M-1166) 

having a population of not 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 to which this 

Act is applicable are authorized'jointly to own, 

construct, equip, enlarge and maintain a buimng 

in such city to be used for branch offices and 

library of the county, 

for a city hall. 

the justice of the peace, and 

The cost of construction thereof 

shall be paid from current income and funds on hand 

as provided in the budgets 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) in population, each of 

which is more than ten miles 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 of Weimar or the City of Eagle Lake,or both, 

to provide county office space. 

We recognize that under the authority of Article 2351, 

subdivision 7, as inte,rpreted in 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 a county other than at 

the county seat. Your ,request for our opinion does not specify 

which particular offices are in question; therefore, we do not 

pass upon the question of whether the Dancy case may be applicable" 

SUMMARY 

The County of Colorado does not have 

authority to lease space outside the county 

seat for use as a branch office by county 

officials and employees. 

Article 1605a-3, V.C.S., authorizes 

the County of Colo,rado to enter into a joint 

-5686- 
Honorable G. F. Steger, page 3 (M-1166) 

enterprise with the City of Weimar or the 

City of Eagle Lake, or both, for the establishment and operation of branch county 

offices. 

You&ery truly, 

eneral of Texas 

Prepared by Malcolm 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 Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

-5687-