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 shipmentsand to amrehend oattle thievee, etc. The employeewho aervm thla asaocietionhas a ~ipbcinl 3anger'e ooumiseloa

which haa been issued to bin; by the Departmentof ikblic.Sarety, aad he perroms a

### 580

Hon. vrilliam

L. Xerr, Page 2

worthrhlleand needed work in the territories arr00t6id. He exanineebutohera'reports in the various oounties anb aesista local officers in every manner porrelble in law enforoemant

end cervec as inspeotorfor stock shipments,

and kindred duties. eT#e rbur oounties served by the Speoial Rangereaoh oontx3bute.a8um of moi18y to the salary 0r this orrioer and such oounty reselves servioeafrcm the ofricer,and the flvernlngbodies of the said countiesare well pleasedwith the 

### eerfioes renderedand have no objeation

whatever to oontribting$o**ward** his ocmpcnaat1on and expense. "1 shall appreoiateit 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'workdone 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 herewithfor your information, was primarily

conoernedwith the creation of a four-county officeby the oounties Involved. We held that euoh otfiaewould have no oifioial ohareoterinesmuohaa it‘doeanot and would not exist by creationof law. Also, that a deputy sheriff appointedin any of the oounties involvedunder the applicable statutesof Texas, oould serve as such in only me. county, that of hie residenceand 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 purposesset 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 questionalone is the authorityof the coxnissioners* oourt of eaoh of the four countiesinvolvedtoHon. WIlllaw t. Kerr, Page 3

expend oounty **funds** a8 a oontributionto the pagPient of the salary and expanse af ths speoialorflaer 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 Btatatesof **Texas** for the expondituraaof 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 oonlerradby the Cenatltutionor Statutesof Texas; and that oommieeienara~ courts are not vestedwith general ~0;:;; w-r. 

### There are ,abundant authoritiesto this

l We oite the rolloning:
llum-wARREB

PDBLISRINO CO. VS. mImI?@30?ICOmTx 45 SW 2nd.651; HOCC VS. **CAXPHELL,** 48 SW 2nd 515~ IARTXUVVS. **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 DapartmentIn 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 oplnlonNo. O-1299,to Ken. John R. Shook, Crlmlnal Mstriot Attorney,San Antonio, Texas, that the oomiasloners* oourt of Rexar Count? oould not legally expendmonies 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 opinionNo. O-1085, to Hon. ShelburneE. 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 proteotionof fish and game. and to prevent the pollutionof fresh waters with re

### ruse 00.

You are, thererore,reapeotfully advised, artehoareru3 and sympatheticoonslderatibn or your letter, that it IS ths,opinionor this Departmentthat the o&rmissioners* oourts of Reeves Lovfng, Ward and **Winklei-** Counties are wlthout authorityto expend oounty funds as a oontributlon to the oompenaation and expense of a splolal officer employedby a Cattle Raisers' Associationto inspeot stock shipments, apprehend oattl& thieves,examine butohere' reports,assist looal offlOer8 in the enforoement0r the law, eto.

We have withheld the release of this opinion following**the** request of a delegationoS interestedoattle 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, trustingthat the above adequatelyanmers your inquiry, we am3
%3- tNly YOUN
ATTOR?EYGEHE!RiiL

OF TEXAS