OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Eon. Willlam L. Xerr 

Elcitriat Attorney 

Feacm, Texm 

ng butohers' reports, 

o?fiosm in the entouohing the above 

body or your letter whiah 

unding your inquiry: 

that the Comiilssionera Oourta 

hority to areate suah office. 

the oouzitiee of. Reeves, Iming, Yard 

lar a Cattle Raisers* Asaooistion hea 

been romed and an orflcer ha8 been mployed 

by the to inspeat stock shipments and to amrehend oattle thievee, etc. The employee who 

aervm thla asaocietion has a ~ipbcinl 3anger'e 

ooumiseloa which haa been issued to bin; by the 

Department of ikblic.Sarety, aad he perroms a 
580 

Hon. vrilliam L. Xerr, Page 2 

worthrhlle and needed work in the territories arr00t6id. He exaninee butohera' reports 

in the various oounties anb aesista local 

officers in every manner porrelble in law 

enforoemant end cervec as inspeotor for stock 

shipments, and kindred duties. 

eT#e rbur oounties served by the Speoial 

Rangereaoh oontx3bute.a 8um of moi18y to the 

salary 0r this orrioer and such oounty reselves servioea frcm the ofricer, and the 

flvernlng bodies of the said counties are 

well pleased with the eerfioes rendered and 

have no objeation whatever to oontribting $oward his ocmpcnaat1on and expense. 

"1 shall appreoiate it ii you will edvise me as to whether, in your opinion, the 

opinion reierred to oovers the 0888 or a man 

who Is a Speaial Ranger and who is paid by 

eaoh oounty ror'work done in euoh~respective 

oounty. The system has been in operation ror 

years in thia oountry and has proven very 

uatiaraotory..* 

oUr OpblOn NOa O-841, pi COPY Or Which IS enclosed herewith for your information, was primarily conoerned with the creation of a four-county office by the 

oounties Involved. We held that euoh otfiae would have 

no oifioial ohareoter inesmuoh aa it‘doea not and would 

not exist by creation of law. Also, that a deputy sheriff 

appointed in any of the oounties involved under the applicable statutes of Texas, oould serve as such in only me. 

county, that of hie residence and appointment. Further, 

it~waa pointed out that Artiole ~ISSa, Vcrnon'n Annoteted 

Civil Statutes, is the only statute oonrerring authority 

on the oommiaaioners~ court to pay the compensation or 

any apeoial orrioer employed for the purposes set out in 

the statute. Xenoe, if this atatuteware not complied with, 

the oommlasioners* oourt would be unauthorized to pay, 

out or oounty funds, the oompenaatlon or any such special 

offioer, employed for the purposes eet out in ‘,he statute. 

Under the raots as set out In your coxrunication, 

however, the question alone is the authority of the coxnissioners* oourt of eaoh of the four counties involved to 
Hon. WIlllaw t. Kerr, Page 3 

expend oounty funds a8 a oontribution to the pagPient 

of the salary and expanse af ths speoial orflaer employed by the Cattle Ralsera* Association. It Is nanirest that no attempt haa bean made, under the facts as 

given, to oamply with Artiole 7155a, supra. 

There 18 no authority in the Constitution or 

Btatates of Texas for the expondituraa of oounty funds 

by the oomrnlsaloners* courts of the four oountiee invalved for tha purposes deaoribed. 

It is the settled law in Texas that oounty 

ucmisaioners* courts may exeroiae only suoh authority. 

a8 ia oonlerrad by the Cenatltution or Statutes of Texas; 

and that oommieeienara~ courts are not vested with general 

~0;:;; w-r. There are ,abundant authorities to this 

l We oite the rolloning: 

llum-wARREB PDBLISRINO CO. VS. mImI?@30?I COmTx 

45 SW 2nd.651; 

HOCC VS. CAXPHELL, 48 SW 2nd 515~ 

IARTXUV VS. STATX, 01 BW 2nd 254s 

EL PASO CODNI'Y VB: BI.AE 106 SW 2nd 3$5; 

HOWARD VS. RS4WlJRR8OR 006N'lX, 116 SW 2nd 2798 

WMMIBBTORXRS' COtJIlT OF HARRIS CODRT!fVS. KAISER. 

23 SW 2nd 840; 

~0m0rs vs. WARSHALL, 118 sw Ena 621; 

MRICAN SURETY CO. VS. HILL CODRTY, 267 SW 265; 

HILL COt@~ VS. ERYANT i&i I#FFk!m, 264,SW 520; 

COB!ISSIORERS~ COURT PD. WAILIWC, 15 SW 2nd 535; 

Hum vs. ORR, 39 BW 550; 

MILLi? CODmY vs. IWASAS CODNTY, 40 SW 404; 

BlmJwmvB. TRAVIS COTnn?Y~ SSsw4S4; 

REVISED CIVItSTA'L'iEES OFTEXAS. 

Saioh has been 

ment on Similar queatlons. 

this Dapartment In opinion 

Theobala, County Attmne 

commlsaioner8* ootgt or 
582 

Hon. Will.iam L. I:wr, Pm 4 

@thorICy to expend county runde for the employment 

or life guards for the Gziiveeton Beaoh; it was held 

by third Department in oplnlon No. O-1299, to Ken. John 

R. Shook, Crlmlnal Mstriot Attorney, San Antonio, 

Texas, that the oomiasloners* oourt of Rexar Count? 

oould not legally expend monies rram any of tha &??rar 

County itids for rare pmteotlon rrcaq~e oity 0r Pan 

Antonio ior districts outside of the oity and in the 

county of Bexar; and in opinion No. O-1085, to Hon. 

Shelburne E. Clover, County Attorney, ??arlon County, 

Jefrerson, Texas, that the oomiaaloners’ aourt was 

without authority to expend oounty funds to pay or 

help pay the aalary of a game warden where his services 

were neoessary for the proteotion of fish and game. 

and to prevent the pollution of fresh waters with reruse 00. 

You are, thererore, reapeotfully advised, 

artehoareru3 and sympathetic oonslderatibn or your 

letter, that it IS ths,opinion or this Department that 

the o&rmissioners* oourts of Reeves Lovfng, Ward and 

Winklei- Counties are wlthout authority to expend oounty 

funds as a oontributlon to the oompenaation and expense 

of a splolal officer employed by a Cattle Raisers' 

Association to inspeot stock shipments, apprehend oattl& 

thieves, examine butohere' reports, assist looal offlOer8 

in the enforoement 0r the law, eto. 

We have withheld the release of this opinion 

following the request of a delegation oS interested oattle 

men fm the oountlos involved, with whom we .oonferred on 

Wove&es 27, 1939, that their oounty attorney, who aocompanied them, might submit ua a brief upon the question 

involved. We have reoelmd no further oommunicetion and, 

trusting that the above adequately anmers your inquiry, 

we am3 

%3- tNly YOUN 

ATTOR?EY GEHE!RiiL OF TEXAS