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 

act with regard to road maintenance (RQ-1902) 

Dear Mr. Davis: 

your questions concern the authority of a county commissioner to accept donations of material to aid in maintaining county roads. you advise that the Commissioners 

Court of Castro County hasp adopted the optional method of 

commissioners serving as ex officio road commissioners. 

V.T.C.S. art. 6702-1, 88 3.001-3.004. You ask: 

(1) May a county commissioner serving as 

an ex officio road commissioner accept donations of material to aid in maintaining roads 

in a county or must the acceptance of such 

material be approved by action of the entire 

commissioners court? 

an 

(2) May a cou;t;dcommisstoner serving 

ex officio 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 ex officio 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 

these matters, they do not have any authority to legally 

bind the county for the most part. $&8 Attorney General 

Opinion JR-892 (1988): 36 D. Brooks, Countv and Snecial 

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

District m 5 40.7 (Texas Practice 1989). A county can act 

only through its commissioners court, and the individual 

commissioners have no authority to bind 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 is responsible for supervising road 

work in his precinct and keeping himself informed as to 

road conditions, he generally has little further authority. 

The County Road and Bridge Act, V.T.C.S. art. 6702-1, essenially means that county roads are opened, constructed, and 

maintained by.the commissioners court as a whole 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 the direction 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 the matter of 

donations to aid in the building and maintaining of county 

roads. Section 3.103 provides: 

The commissioners cm* or road cm * - 

sioners may accept donations of money, land, 

labor, equipment, or any other kind of 

property or material to aid in building or 

maintaining roads in the county. (Emphasis 

added.) 

Road commissioners are not to be 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 and bridges in his district are kept 

in good repair. 

The provision permitting the acceptance of donations of 

material to maintain county roads does not provide an exception to the statutory requirement that an ex officio road 

commissioner acts under the direction of the commissioners 

court so as to allow him to accept such donations without 

the court's approval. We perceive no distinction under the 

scenario in your second question where the commissioner 

donates material from his own separate property to aid in 

maintaining roads in his precinct. 

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

SUMMARY 

The acceptance of donations of material 

to aid in maintaining county roads must be 

approved by action of the commissioners 

court. An ex officio road commissioner may 

not donate material from his own separate 

property to aid in maintaining roads in his 

own precinct without approval of the commissioners court. 

Very truly yo r , J n;, /k 

JIM MATTOX 

Attorney General of Texas 

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 

p. 6097