### THE ATTORNEY GENERAL OF TEXAS

April 13, 1990

Honorable Jimmy F.Davis Opinion No. JM-1155 County-District Attorney Castro County Courthouse Re: Authority of an indiviDimmitt, Texas 79027-2689 dual county commissioner to actwith regard to roadmaintenance (RQ-1902)

DearMr. Davis:

your questions concern the authority of acounty commissioner to accept donations ofmaterial to aid in maintaining county roads. you advise that the Commissioners Court of Castro County haspadopted the optional method of commissioners serving as exofficio road commissioners. V.T.C.S. art. 6702-1, 88 3.001-3.004. You ask:

(1) May acounty commissioner serving as an exofficio road commissioner accept donations ofmaterial to aid inmaintaining roads inacounty ormust the acceptance of such material be approved byaction of the entire commissioners court?

an (2) May acou;t;dcommisstoner serving exofficio commissioner donat: material from his own separate property to aid in maintaining roads in his precinct without the acceptance and approval of the action by the entire commissioners court?
The county commissioners serving as exofficio road commissioners may employ personnel for their precinct subject to commissioners court approval. & 5 3.003. All road contracts, purchases of road equipment and materials, and employment of personnel are consummated by actions of the commissioners court as a body. ra, §2.002. While individual commissioners have substantial influence over thesematters, they do not have any authority to legally bind the county forthe most part. $&8 Attorney General Opinion JR-892 (1988): 36D.Brooks, Countv and Snecial

P. 6095Honorable Jimmy F. Davis -Page 2 (JM-1155)

District m 540.7 (TexasPractice 1989). A county can act only through its commissioners court, and the individual commissioners have no authority tobind the county by their separate actions or agreements. k&bon v. Countv f CalhouD, 489 S.W.2d 393, 397 (Tex. civ. App. - Corp:s Christi 1972, writ ref'd n.r.e.). In short, even though each county commissioner isresponsible for supervising road work in his precinct andkeeping himself informed as to road conditions, hegenerally has little further authority. The County Road and Bridge Act, V.T.C.S. **art. 6702-1,**  esseniallymeans that county roads are opened, constructed, and maintained by.the commissioners court **as** awhole and not by individual county commissioners. **Brooks, m.**  The statutes governing ex officio road commissioners have provided since their enactment that ex officio road commissioners act "under thedirection of the commissioners court." Acts 1901, 27th Leg., ch. 114, at 277; Attorney General Opinion JR-801 (1987).
Section 3.103 of article 6702-l addresses thematter of donations to aid inthe building andmaintaining of county roads. Section 3.103 provides:

The commissioners cm* or road cm *- sioners may accept donations ofmoney, land, labor, equipment, or any other kind of property ormaterial to aid inbuilding or maintaining roads in the county. (Emphasis added.)
Road commissioners arenot tobe confused with county commissioners. Section 3.101 of article 6702-l authorizes the commissioners court to employ not more than four road commissioners. Subsection (b)(l) provides that a road commissioner controls all overseers, hands, and machinery and sees that all roads andbridges inhis district are kept ingood repair.
Theprovision permitting the acceptance ofdonations of material tomaintain county roads does notprovide an exception to the statutory requirement that an exofficio road commissioner acts under the direction of the commissioners court so as to allowhim to accept such donations without the court's approval. Weperceive nodistinction under the scenario in your second question where the commissioner donates material from his own separate property to aid in maintaining roads inhis precinct.

P. 6096Honorable Jimmy F. Davis -Page 3 (JR-11551

SUMMARY
The acceptance ofdonations of material to aid in maintaining county roadsmust be approved by action of the commissioners court. An exofficio road commissioner may not donate material fromhis own separate property to **aid** in maintaining roads in his own precinct without approval of the commissioners court.
Very truly yo r , 

# J /k

n;, JIM MATTOX Attorney General ofTexas

MARY KELLER First Assistant Attorney General
JUDGE ZOLLIE STEAKLeY Special Assistant Attorney General

RENEA HICKS Special Assistant Attorney General

RICK GILPIN Chairman, Opinion Committee Prepared by Tom G. Davis Assistant Attorney General

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