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### THEATTORNEY GENERAL OF TEXAS

November 20, 1964
Miss Edna Cisneros Opinion No. C-350 CountyAttorney Willacy County Re: Authority of a county Raymondvllle,Texas official to close his office on Saturdaywithout the consent and approval of the CommisDear Miss Cisneros: sioners Court.

You have requested an opinion as to whether a county officialwhose office is created by the Constitution of Texas is authorized to keep his office closed each.Saturdaywithout

.the consent and approval of the Commissioners Court.

The Commissioners Court is’ a court of limited jurisdiction and has only such powers as are conferreduponit by the statutesand Constitution of this State, whetherby express terms or by necessary Implication. Section

### 18,Article V, Constitution of Texas; Article 2351,Vernon's Civil Statutes; Bland v'.Orr, 90 Tex, 492, 39 S.W.

### 558(1.897); Mills v. Lampasas County 9 Tex. 

### 603,40 S.W. 403 (1897);Anderson v. d 137 Tex. $01 152 S.W.2d 1084 (1941).Canales v. Laughlin, $%ex. 169, 214 i.W.2d 451 (1948);Starr'Countyv. Guerra, 297 S.W.2d 879 173 S.W. 50 (Tex;Clv.App.1956);Van Rosenberg v. Lovett.,

(Civ.App.1915, error ref.). The Commissioners Court may not interfere or usurp the sphere that is delegated to a county officialby law. Pritchard & Abbott v. McKenna, -Tex. -, 350 S.W.2d 

### 335(1961).

We know of no provision in the Constitution or statutes of this State authorizing the Commissioners Court toprescribe the officehours of a county official or the days which a county officialwould be required to keep his office open. Therefore, suchmatters are left to the determination of the county official.
.

InAttorney General's Opinion O-6679 (1945),on a similar question, It was held:

"Although Section 10 of Article XVI of our State Constitution provides that
-l&l-Miss Edna Cisneros,page 2 (C-350)

'TheLegislature shallprovide for deductlons from the salaries of public officers who may neglect the performance of any duty thatmay be assigned to themby law,"we know of no provision In the Constitution or statutes of this State requirPng County offices to be open to thepublic for any specific time other than for a reasonable time. Nor do we know of any provision in the Constitution or statutes of this State authorizing the Commlssloners' Court topass an order requiring county offices tobe open to the public six 8-hour days (or 48 hours)per week." In view of the foregoing,you are advised that a county official is authorized to keep his office closed each Saturday without the consent and approval of the CommissionersCourt. SUMMARY No provision in the Constitution or statutes of this State authorize the Commissioners Court to prescribe the days which a county official shall keep'his office open, and no provision in the statutes or Constitution requires county offices to be open to'the public for any specific time other than for a reasonable time. Therefore, a county official is authorized to keep his office closed each Saturday without the consent and approval of the Commissioners Court. Yours very truly, WAGGGNER CARR Attorney General

JR:ms '&Rek Assistant

-l&2-Miss Edna Cisneros,page 3 (C-350)

APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Robert Lemens ‘OordonCass Arthur Sandlin IvanWilliams APPROVED FOR THE ATTORNEX GENERAL By: Roger Tyler

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