EXE A ORNEY GENERAL 

OF TEXAS 

September 10, 1951 

Eon. Wm. P, Davis 

County Auditor 

Ellis county 

Warahaohis, Texas 

Opinion No. V-1272 

Re: Legality of using 

oounty funds to pay 

r0r 0ffi013 ~~ppiie~, 

sqUipm6nt and tels- 

*one faallitiee for 

Dear Mr. Davis: 

Your request for 

county Home Demon* 

stration Agents ana 

County Agricultural 

Agents; 

. . 

an opinion presents for 

determination the following qussclon: 

“Can the County of Ellis legally 

pay for office supplies and equipment, 

telephone esrvios and long distanoe 

tolls for the use of’ the County Agriaultural Agents ana the County Home 

Demonstration agents?” 

The deoisions of the Texas courts have 

repoatadlp held that the commissioners’ court is 

a oourt of limited jurisdiction and has only such 

powor‘s as are oonrerred upon it, either by express 

terms or by necessary lanplioation, by the statutes 

and Constitution of this State, Chlldress Countat 

V. State, 127 TAX. 3b3, 92 sew0 2av 

Pan Rosenberg v. Lovett, 173 SOW, 508 (Tex. Cib. 

A 1 15 f ) Roper v. Hall, 280 S.W. 

2f;~"(T~x.'C?*&~s i9;5); Art. 2351, V.C.S.; 11 

mx. Jur. 632, Countieti, Set, 95. 

Article 164, V.C.S,, provides: 

“The Cor:missionerPs Court of any 

bounty of this State is authorized to 

establish and oonduot oo-operative 

demonstration work in Agriculture and 

home economics in oo-operation with 

the Agricultural and Meohanical College 

of Tex- upon such teims and conditions 

. 
Eon. Wm. P, Davis,. page 2, (V-1272) 

as may be agreed upon by the Commissioners’ Court and the agents of. the 

f$zic;;ural and kechanical College 

; and nay employ such means, 

and appropriate and expend such sums 

of money as may be necessary to ofreotively establish and oarry on suoh 

demonstration work in Agriculture and 

Home Economics in their respective 

counties .I* 

This office ha8 held that Article 164 provides authority for the expenditure of county funds 

for the erection of a building to house the County 

Agricultural Agent and the Home Demonstration Agent. 

Att’y Gen. Op. O-2516 (1940). $6 have also held that 

the same statute authorizes the expenditure of county 

runas for the purchase of kitchen equipment to be 

usea by the home demonstration agent. 

O-620 (1939). 

Att’y Gen. Op. 

In view of the foregoing, it is our 

opinion’that authority exists for th6 payment of telephone service, office supplies and equipment, and long 

distance tolls for the offioes or the County Agricultural Agent and the County Home Demonstration Agent. 

However, the expenditure of County funds for suah purpose and the necessity thert:,Pore is left to the discretion af the Commissioners’ Court of Ellis County. 

Att’y f&n. Op. O-620 (1939). 

SDMJURY 

The Commissioners’ Court of Ellis 

County is authorized to expend county 

funds in payment ot telephone service, 

off+ioe supplies and equipment, and long 

distance tolls for the orfices of County 

Agricultural Agent and County Home D6monstration Agent. The neoessity for these, 

expenditures is left to the discretion 

of the Court. 

APPROVED: Yours very truly, 

J. C. Davie, Jr. 

County Aftairs DivisiOn 

Jesse P. Luton, Jr. 

Reviewing Assistant 

Everett Hutohinson 

Exxeoutive Assistant ;1 

PRICE DANIEL 

Attorney General 

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