The Attorney General of Texas 

May 9, 1904 

JIM MAl-lOX 

Attorney General 

Supreme churl Building 

P. 0. BOX 12548 

Austin, TX. 78711.254S 

51214752501 

Telex 91ws74.1387 

Telecopier 512/475-02SS 

714 Jackson, Suite 7W 

Dallas. TX. 752024506 

2141742-8944 

4824 Alberta Ave.. Suite 180 

El Paso. TX. 79305.2793 

91515333484 

701 Texas. Suite 700 

ouslo”. TX. 77002~3111 

7131223-5886 

805 Broadway. Suile 312 

Lubbock, TX. 79401.3479 

SOW747~523.3 

4309 N. Tenth. Suite B 

McAllen. TX. 78501.1885 

5121682-4547 

200 Main Plaza, Suite 400 

San Antonio. TX. 782052797 

5121225-4191 

An Equal Oppoftunityl 

Affirmative Action Employer 

Honorable Mike Driscoll 

Harris County Attorney 

1001 Preston, Suite 634 

Houston. Texas 77002 

Opinion No. JM-157 

Re: Whether a commissioners 

court may expend county funds 

to encourage voter registration 

Dear Xr. Driscoll: 

You ask whether the Harris County Commissioners Court may expend 

county funds to promote and encourage voter registration and whether 

the county and the registrar of voters may contract for that purpose 

with a non-profit organization which specializes in voter 

registration. We conclude that county funds may be expended to 

promote and encourage voter registration and that the commissioners 

c9urt. with the cooperation of the registrar of voters, may contract 

vith a non-profit organization to perform the services that the county 

and the registrar are authorized to provide. 

A county commissioners court has only the powers conferred either 

expressly or by reasonable implication by the constitution and 

statutes of this state. See Tex. Const. art. V. 118; Canales v. 

Laughlin, 214 S.W.2d 451, 4r(Tex. 1948). 

The Election Code establishes the county tax assessor-collector 

as the registrar of voters in a county unless the commissioners court 

designates a different person to serve in that capacity. Elec. Code 

arts. 5.09a. aubd. 1; 5.09b. subd. 1; 5.24a. aubda. 1, 3. The 

registrar ia responsible for, among other things, the registration of 

voters and duties incident to voter registration that are placed upon 

him by law. Elec. Code art. 5.09a. subd. 2. It is the intent of the 

legislature that the registrar, in order to prmote and encourage 

voter registration, shall enlist the support and cooperation of 

interested citizens and organizations. Elec. Code art. 5.20e. subd. 

4. Article 5.19b provides specified reimbursement to the counties 

from the state’s general revenue fund for expenses of the registrar’s 

office in the registration of voters, and article 5.098, subd. 3 

provides that the expenses of the registrar in excess of the 

~reimbursement received from the atate shall be borne by the county. 

See Attorney General Opinion JM-61 (1983). Accordingly, we conclude 

that the Election Code authorizes the commissioners court to expend 

p. 693 
Eonorable Mike Driscoll - Page 3 (JM-157) 

of the enumerated programs or methods of operation proposed by the 

voter registration organization here. 

Articles 5.09a and 5.208 of the Election Code expressly provide 

that the registrar of voters is responsible for voter registration, 

including deputy registrars. registration places. support and 

cooperation of Interested citizens and organizations, and other duties 

incident to voter registration. The commissioners court 

is the general business and contracting agency of 

the county, and it alone has authority to make 

contracts binding on the county, unless otherwise 

specifically provided by statute. 

Anderson v. Wood, supra. Accordingly, it is our opinion that the 

cornmissioners court, with the consent and cooperation of the registrar 

of voters, may contract with a non-profit organization to perform the 

voter registration aervlces that are within the power and authority of 

the county and the registrar. See Attorney General Opinion H-1123 

- 

(1978). 

SUMMARY 

County funds may be expended to promote and 

encourage voter registratiim. A conrmissioners 

court and registrar of voters, acting together, 

may contract with a non-profit organization for 

the purpose of promoting and encouraging voter 

registration. 

JIM MATTOX 

Attorney General of Texas 

TOM GREEN 

First Assistant Attorney General 

DAVID R. RICRARDS 

Executive Assistant Attorney General 

Prepared by Nancy Sutton 

Assistant Attorney General 

p. 695