l b 

THEATTORNEY GENERAL 

OF TEXAS 

November 20, 1964 

Miss Edna Cisneros Opinion No. C-350 

County Attorney 

Willacy County Re: Authority of a county 

Raymondvllle, Texas official to close his 

office on Saturday without the consent and approval of the CommisDear Miss Cisneros: sioners Court. 

You have requested an opinion as to whether a county 

official whose office is created by the Constitution of Texas 

is authorized to keep his office closed each.Saturday without 

. the consent and approval of the Commissioners Court. 

The Commissioners Court is’ a court of limited jurisdiction and has only such powers as are conferred uponit by 

the statutes and Constitution of this State, whether by 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'County v. Guerra, 

297 S.W.2d 

8 

79 

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 official by 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 to prescribe 

the office hours of a county official or the days which a county 

official would be required to keep his office open. Therefore, 

such matters are left to the determination of the county official. . 

In Attorney 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 

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Miss Edna Cisneros, page 2 (C-350) 

'The Legislature shall provide for deductlons from the salaries of public officers 

who may neglect the performance of any duty 

that may be assigned to them by law,"we know 

of no provision In the Constitution or statutes of this State requirPng County offices 

to be open to the public 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 to pass an order requiring county 

offices to be 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 Commissioners Court. 

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 

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Miss Edna Cisneros, page 3 (C-350) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Robert Lemens 

‘Oordon Cass 

Arthur Sandlin 

Ivan Williams 

APPROVED FOR THE ATTORNEX GENERAL 

By: Roger Tyler 

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