## THE ATTORNEY GEXERAL OF TEXAS May 25, 1987

HonorableRex N. Leach DistrictAttorney 200West State Street Groesbeck,Texas 76642 OpinionNo. JM-708
Re: Supervisorycontrol of a district court over a county commissioners court under article V. section 8, of the Texas Constitution
DearMr. Leach:
You ask about the interpretationof articleV, section 8, of the Texas Constitution,which provides:

District Court jurisdiction consists of exclusive, appellate, and original jurisdiction of all actions, proceedings,and remedies, except in cases where exclusive, appellate, or original jurisdictionmay be conferredby this Constitution or other law on some other court, tribunal, or administrativebody. District **Court** judges shall have the power to issuewrits necessary to enforce their jurisdiction. The District Court shallhave appellate jurisdiction and general supervisory control over the County Camissioners Court, with such exceptions and under such regulationsasmay be prescribedby law. - (Emphasisadded). Specifically, you ask whether a lawsuit must be filed in order to invoke a district court's "general supervisory control" over a commissionerscourt. Cases interpretingarticle V, section 8, of the Texas Constitution make clear that a district court nay exercise "general supervisorycontrol"over a commissioners **court only**  when the **district** court's jurisdiction is properly invoked by the filing of a lawsuit. In Scottv. Graham, 292 S.W.Zd 324, 328 (Tex. 1956). for example, the Texas Supreme Court discussed the meaning of article V, section 8. The court pointed out that although the legislature had established procedures for appealing orders of comeissioners courts relating to certainmatters, the legislaturehad not established a procedure for invoking the general supervisory control of district courts over actions of commissioners court. The Texas Supreme Court stated, however, that itwas well settled that an equitableproceedingbrought

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in district court for the purpose of reviewing au order of a comissioners court was within the power granted by article V, section 8. Id. See also Count AT. y of Rays v. Alexander, 640 S.W.Zd 73, 78 (Tex.

- Austin 1982, no writ); Rarris County v. Bassett, 139 S.W.Zd 180, 182 (Tex.Civ. App. - Galveston 1940,writ ref'd).
A treatise on the Texas Constitution contains the following discussion of articleV, section 8:

Section 8 gives the district court 'appellate jurisdictioaand general supervisorycontrol' over the comissionrrs court. . . . [Tlh= 'control' phrase adds nothing. Indeed, in this provision the phrase 'general supervisory control' is demonstrably inaccuratebecause the district court does not have any kind of general control over cowmissioners courts; the courts have held that the district court may exercise its jurisdiction over commissionerscourts only if a commissioners court has acted without legal authority or abused its discretion, and even then it may uot review actions of the commissioners court unless a statute provides for such review or unless an independent equitable action is brought in the district court. (See Garcia v. State, 290 S.W.2d 555 (Tex.Civ. App. YSan Antonio 1956,writ ref'd n.r.e.).) This principle was reaffirmed recently in Atlantic Richfield Co. v. Liberty-Dauville Fresh Water Supply Dist. No. 1 (506 S.W.Zd 931 (Tex.Civ.App. - Tyler 1974,uo writ)). 1 G. Braden, The Constitutionof the State of Texas: An Annotated and Comparative Analysis 415-16 (1977). We think that this treatise correctly interpreted the relevant case law and that a district court's "general supervisory control" over a commissioners court exists onlywhen the district court's jurisdiction is properly invoked by the filing of a lawsuit. SUMMARY

A district courtmay exercise "general supervisory contro1" over the actions of a commissioners court only when a lawsuit is brought in district court seeking review of the cowmissioners court's actions. Jzh

JIM MATTOX AttorneyGeneral of Texas

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JACK HIGHTOWER **First** AssistantAttorney General
MARY KELLER ExecutiveAssistant**Attorney** General JUDGE ZOLLIE STEAKL~ SpecialAssistantAttorney General RICK GILPIN Chairman,OpinionCommittee Preparedby SarahWoelk AssistantAttorney General

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