h 

-. 

THEA~TORNEYGENERAL 

OF a’EXAS 

AUSTlN 11. -rExaS 

WILL WILSON 

*%-roRNEYGENERAL 

May 10, 1961 

Honorable Crawford Parker, Jr. 

County Attorney 

Panola county 

Carthage, Texas 

Opinion No. WW-1050 

Re: Whether the Commissioners 

Court has the authority to pass 

and enforce a resolution providing for the retirement of 

certain appointed employees 

Dear Mr. Parker: 

employed and supervised by the 

Commissioners Court upon their 

reaching retirement age an&when 

they are fully eligible for social 

security? 

You have requested an opinion on the following questions: 

1. Does the Commissioners’ Court of 

Panola County, Texas, have the authority to pass 

and enforce a resolution providing for the retirement of certain employees directly employed and 

supervised by the Commissioners Court, which 

includes Road and Bridge Department Employees ? 

2. Does the Commissioners’ Court of 

Panola County, Texas, have the authority to pass 

and enforce a resolution providing for the retirement of certain employees and deputies of the 

offices of County Clerk, County Tax AssessorCollector, District Clerk, County Judge, County 

Sheriff, and County Attorney? 

We are unable to find any statute dealing with the subject of retirement of county employees upon their reaching a certain age and upon their 

reaching the age of eligibility for social security. Articles 2351 through 

23725, Vernon’s Civil Statutes, 1925, as amended, too lengthy to quote in 

this opinion, give the Commissioners’ Court of each County certain powers 

connected with the office including the responsibility of employing persons 

to perform work on jobs under the Court’s jurisdiction such as positions 

necessary to the upkeep of the roads and bridges of the respective counties. 
Honorable Crawford Parker, Jr., page 2 (WW-1050) 

The duties incident to the performance of the jobs under the Commissioners’ 

Court’s jurisdiction are necessarily performed under the direction of the 

Commissioners’ Court acting as a unit and the Court is responsible for the 

acts of its employees in connection with the efficient performance of their 

duties. Since the Commissioners’ Court has the responsibility for employees under its jurisdiction, it has the authority to hire and fire or make 

any reasonable regulations it so desires in connection with its employees, 

including the power to make and enforce orders as to the retirement of 

persons performing work under its jurisdiction. 

Therefore, in answer to your first question, the Commissioners’ 

Court does have the authority to pass and enforce a resolution providing 

for the retirement of appointed employees under their supervision and 

jurisdiction upon their reaching retirement age and when they are fully 

eligible for social security. However, the present Commissioners’ Court 

or a subsequent Commissioners ’ Court can at any time rescind such resolution. 

Article 3902, Vernon’s Civil Statutes, reads in part as follows: 

“Whenever any district, county or precinct 

officer shall require the services of deputies, assistants or clerks in the performance of his duties he 

shall apply to the County Commissioners’ Court of 

his county for authority to appoint such deputies, 

assistants or clerks, stating by sworn application 

the number needed, the position to be filled and the 

amount to be paid. Said application shall be accompanied by a statement showing the probable receipts 

from fees, commissions and compensation to be 

collected by said office during the fiscal year and 

the probable disbursements which shall include all 

salaries and expenses of said office; and said court 

shall make its order authorizing the appointment of 

such deputies, assistants and clerks and fix the compensation to be paid them within the limitations herein 

prescribed and determine the number to be appointed 

as in the discretion of said court may be proper; provided that in no case shall the Commissioners’ Court 

or any member thereof attempt to influence the appointment of any person as deputy, assistant or clerk in any 

office. Upon the entry of such order the officers applying for such assistants, deputies or clerks shall be 
Honorable Crawford Parker, Jr., page 3 (WW-1050) 

authorized to appoint them; ~ . .‘I 

The elected officials of each county of the State of Texas, under the 

law, are given certain duties connected with the office which they are 

obligated to discharge and perform. In carrying out these functions, Article 3902, V ernon’s Civil Statutes, above quoted, gives each official the 

authority to employ deputies, clerical workers, and other persons of his 

own choosing to work solely under his direction and supervision. The law 

holds the official responsible for the acts of his employees and the employees, 

in attending to and performing their duties, are responsible only to him. 

The Texas Courts have repeatedly held that the Commissioners’ 

Court is a Court of limited jurisdiction and has only such powers as are 

conferred upon it, either by express terms or necessary implication, by 

the statutes and constitution of the State. Childress County V- State, 127 

Tex. 343, 92 S. W. 2d 1011 (1936); Von Rosenberg v. Lovett, 173 S. W. 

508, (Civ. App. 1915, error ref. ). As stated above, we have been unable 

to find any statute giving the Commissioners ’ Court the authority to make 

and enforce orders for the retirement of county employees upon reaching 

a certain age, therefore, the manner in which a public official performs 

the functions of his office, with the help of his authorized deputies, assistants and clerks, is not a responsibility of the Commissioners’ Court. 

As retirement of employees of elected officials on reaching a certain age may directly affect the discharging of the duties of the particular 

office, the responsibility for which is in the public official elected to such 

office, the Commissioners ’ Court not being charged with such responsibility, either expressly or impliedly, is not authorized to assume control 

and attempt to regulate the retirement of individuals employed by other 

elected officials. 

Therefore, in answer to your second question, it is the opinion of 

this Department that the Commissioners ’ Court of a county does not have 

the authority to pass and enforce a resolution providing for the retirement 

of certain appointed employees, employed and supervised by other elected 

officials, upon their reaching retirement age and when they are fully eligible for social security. 

SUMMARY 

The Commissioners’ Court of Panola County has the 

authority to pass and enforce a resolution providing 
Honorable Crawford Parker, Jr., page 4 (WW-1050) 

for the retirement of appointed employees, employed 

and supervised by the Commissioners’ Court, upon 

their reaching retirement age and when they are fully 

eligible for social security; however, the present 

Commissioners’ Court or a subsequent Commissioners’ 

Court can at any time rescind the resolution. The 

Commissioners’ Court has no authority to pass and 

enforce such a resolution to cover appointed employees 

under the control and supervision of other elected officials of the county. 

Yours very truly, 

WILL WILSON 

IBW/pe Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Dudley D. McCalla 

Marietta McGregor Payne 

Maston Courtney 

W. Ray Scruggs 

REVIEWEDFORTHEATTORNEYGENERAL 

BY: Morgan Nesbitt