JIM MATTOX 

Attorney General 

suprrrrvr cowl BulldlnO 

P. 0. Box 1254S 

Aurtln. TX. 78711-254s 

51214752501 

Telex 9101874+1357 

Telecopier 5121475as5 

714 Jackson, Sulle 700 

OalkS. TX. 752024506 

214174289u 

4S24 Alberta Ave.. sdte Is0 

El Paso. lx. 799052792 

QlY53334s4 

,Wl rexas, SUllS 700 

HOUslOn. lx. 770023111 

71Y223sSS 

SC6 Broadway. Suite 312 

Lubbock, TX. 79101-2479 

SW7476230 

43W N. Tenlh. !&It. S 

McAlI.tl. lx. 7s501.1085 

512mS24547 

200 MIhl Plaza. SUIM 4m 

San AnIonlo. TX. 792ow797 

512l2254191 

The Attorrwy General of Texas 

September 3, 1985 

Eonorable Jim Yeen, 

ilocklcy County Att~miey 

Opinioo Ho. JI+350 

Eiockley County Courtthouee 

P. 0. Box 11 

Levellaud, Tuna '19336 

Re: Whether a cmmnissloncrs court 

may expend county travel funds to 

oppose issueuce by the Alcoholic 

Beverage Comission of a private 

club permit 

Dear Mr. Weems: 

Too aek uhethcr 

. ~Colmty comlseiouers court, after having duly 

voted OIL a notion To proteet the Issuance Of A 

Private Club License, for A private club to be 

located In the county wer vhich the said commissioners court presides, acting as a gwexniag 

body. mry expend county funds for travel and 

related expeuses, to go to Austin, Tueo, for the 

purpose of protesting against the issuance of euch 

private club license from the Alcoholic Beverage 

CoriW.iOU. 

You advice that tbc axpanses 8t issua are 

of county cr(s~~knmrs themelvar and 

county. 

for trevel and related costs 

selected vitnerrea for the 

The issuaaee of "private club registration permits" is gwerned 

by chapter 32 of t!he Alcoholic Beverege Code; vhich vas enacted ae. a 

nonsubstantive retadificetioa of prior lev. Acts 1977. 65th Leg., ch. 

194. at 391. 558. Section 32.03 thereof oets out the qualifications 

for permits, and mction 32.04 describes epplicationr therefor. Under 

section 11.43. tlm Alcoholic Beverage Cosaission hs discretioosry 

authority to grant or issue such permite; however. the c&sslou is 

required by sec~.ion 11.41(e) to give due consideration to the 

ret-ndations OC verious officiels of the locality for which the 

license is #ought. Cf. V.A.P.C. arts. 666-11. 666-128 (repealed). 

- 

Section 11.41 tie) further provides: 

p. 1598 
. 

honorable Jim Uaema - Page 2 (Jn-350) 

If a protest agalnait the issuance of a permit is 

made to the comi:e~~ion by any of these off leers 

and it is found 011 a hearing or flndiog of facta 

thet the isauancc~ of tha permit would be iu 

conflict vith tbe provisions of this code, the 

commission or admjnistrator shall enter an order 

setting forth the ‘:sasona for refusal. 

And section 11.41(b) reads: 

(b) In the granting or withholding of a permit 

to sell alcoholic lwverages at retail. the crrmnissioa or administrst~or may give consideration to a 

recoaaaendation x&a in vriting by the coavaissioners court of the county in which the applicant 

proposes to condwt his business or by a representative of the coumission. 

Thus, personal appearances ar oral testimony at the hearing is not a 

prerequisite to consideration by the Alcoholic Beverage Commission of 

the official ~ views of the county coaaaissioners court. Of course, 

in-person sdvocacy may prove to be a more effective method of 

persuasion. 

The question of whether county funds may he properly expended to 

better advocate the county’li position on such a question is not 

directly governed by the Alcoholic Beverage Code, but by the statutes 

and constitutional provisions appertaining to the powers of a county 

coaaaisaioners court. The Teas Constitution provides, in article V, 

section 18(b) : 

The County Mraionero . . . with the County 

Judge as preaidimg officer, shall cumpose the 

County Commiasionere Court, which shall exercise 

such powers and ‘iuriadiction over all county 

business, as la cou?erred by this Constitution end 

the laws of the 5tatei or aa msy be hereafter 

prescribed. (Eaphiw;ia added). 

Bowever~ the Alcoholic Bevera;ge Code (by requiring that the Alcoholic 

Beverage Comnission give couaideration to the positions of local 

officials) indirectly makes it clear that the matter of recomeanding 

liquor permits for ostablia%nwnts In a county may properly be considered “county business.” 

Although the legal baairr for any action by a county cmissioners 

court must be ultimately fonld in the constitution or the statutes. 

Canales v. Laughlin. 214 S.V.:!d 451. 453 (Tex. 1948). where a right is 

conferred or obligations impwed on the couuaissioners court, it has a 

1). 1599 
Rooorable Jim Ueew - Pya 3 (JIG350) 

broad discretion to accompl.ish the purposes intended. Anderson v. 

wood. 1s2 s.u.2d 1084 (Tex. 1941). 

We are aware of eo statute thet specifically l uthoriaes a county 

to incur travel related axpeases for the purpose of opposing a 

proposed private club registxation pcnalt. We bellevc the provisioo 

authorizing the Alcoholic Beverage Commission to consider the views of 

county officers contemplatc,a au opportunity to present such views 

affectively. If the comiasioners court of Bockley County, in good 

faith, deems it to be lo the interest of the county to expend county 

travel funds for the purpom of presenting those views in persoo or 

through vitnessca, ve cancat say it is without power to do so. 

V.T.C.S. arts. 2350. 61s: 2351. subdlv. 15; 3912k. See Attorney 

General Opinion E-6gd (1976:‘. & Pritchard a Abbott v.~enna. 356 

S.W.2d 333 (Tax. 1961). 

SUWMABP 

If a county colsaissionera wurt deems It to he 

in the interest of the. county to do so, it nay 

expend county tr,svel funds for the purpose of 

opposing a* application for a private club 

registration perdit pending before the Alcoholic 

Beverage Comnissic~r~. 

Very truly you JLb 

JIFI MATTOX 

Attorney General of Texas 

TOMGREEN 

First Assistant Attorney Garters1 

DAVID R. RICBARDS 

Executive Assistant Attorney General 

ROBERT GRAY 

Specisl Assistant Attorney General 

RICE GILPIN 

Chairman, Opinion Camsittee 

Prepared by Bruce Youngblood 

Assistant Attorney General 

p. 1600 
L 

Honorable Jim Weema - PII* 4 (JIG350) 

APPROVED: 

OPINION CONNITl’EE 

Rick Gilpill, Chairman 

Co1111 Carl 

Sunna Gnrrirw 

Tony Gulllory 

Jim Moclllnngcr 

Jennifer Riggs 

Nnncy Suttoo 

Sarah Uoclk 

Bruce Youngblood 

p. 1601