Honorable C. Woodrow Laughlin

County Attorney - Jim Wells County Alice, Texas Dear Sir: OpinionNo. O-5049 Re: Authority of the Co,mmissioners' Court of Jim Wells County to pass an order authorizing tha county auditor to pay county and precinct officialswithout saLd courtrs approving bills therefor at regularmeetings, and related questions. Your request for an opinion on the abovematters has been received and parefully considered. We quote from your request as follows:

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. . . . "Does tha Commissionerst Court of Jim Wells County have the authority to pass an order authorizing then county auditor to pay county andprecinct officials, regular county employees, part time county employees and utility bills when duewithout thenecessity of the Commissioners' Court approving said bills at a regular meeting? It It

. . . . upon receipt of this request for an opinion,we asked that you give us additional informationas to justwhat you meant by the term Wsgular county employees," as well as that you specify the county employees,part time-employees and other matters that you had inmind. Your reply states that you would like for said opinion to cover the following:

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. . . . "(1) All elected oounty andprecinct officials "(2) All regular deputies and regular employees of county officialsHonorable'd. Woodrow Laughlin, page 2, O-5049

"(3) All full time county employees "(4) Gas, water, lights and telephone bills "(5) All regular grader and maintainer operators that are compensated upon sn hourly basis when approved by a County Commissioner w(6) All part time county employeeswhen approved by a County Commissioner or the County Judge. II 1,

. . . . Your question is answered in thenegative,for the followingreasons:

The county auditor isnot subject to the orders of the commissioners' court. He must approveall claims, bills and accounts before the sams are presented for allowance by said court. Article 1660. All warrants on the county treasury, exceptwarrants for jury service,must be countersigned by the county auditor. Article 1661.'

The Federal Census of 1940 shows the population of Jim Wells County to be 20,239 and, inanswering your inquiry, we are assuming that your commissioners'court has determined that the precinct officials of your county shall be compensated uSon the salary basis, as provided by the statutes.

It is awall established principle of law in this State that commissioners1 courts are courts of limited jurisdiction andhave only such powers as are conferred upon them by the Constitution and statutes of thisState, hence we direct your attention to the statuteshereinafter referred to.

Article 2351 is in part as follows: "Each commissioners court shall "

. . . . "10. Audit and settle all accounts against the county and direct thelr payment. II

. . . . "15. Said court shallhave all such otherpowers and jurisdiction,and shall performall such other duties, as arenow ormay hereafter be prescribedby law." Article 1637 provides as follows: i.Honoradle'd. Woodrow Laughlin, page 3, O-5049

"The commissioners court shall,at each regular term, examine all accounts and reportsrelating to the finances of the county, and compare the same with the vouchers accompanying them, and cause such corrections to be made as are necessary, in orderto make said accounts and reports correct, and shall cause all orders made by them, appertaining to said accounts' and reports, tobe properly entered upon theminutes of:said court and noted upon said accounts and reports." The commissioners' court doesnot have the power to delegate to some other person the performanceof the duties placed upon itby the Constitution and laws of Texas. 'The case of Padgett, et al, v. Young County,et al., 204 S. W. 1046, deals with a situation where warrantshad been drawn upon Young County by the Clerk of said Countyupon the order of its county judge, instead of by order of the commissioners' court of said county. The court held that saidwarrants were illegal and void becausenot approved by the commissionersr court and, in passing thereon, laid down the followingprinciple of law which is applicablehere, as follows:

"Theduty of imposed by statuteupon the county commissioners to audit all claimsagainst the countyand to order paid those only which are foundto be just and L legal demands,wasjudicial in itsnature, and its performance couldnot be delegated toanother, since it is well ', settled in this state that an order of the commissionerst court allowing a claim against the countyand directing its payment is, in effect, a judgment,and just as conclusive as aijudgment rendered by any other trial court actingwithin its judisdictlon. Callaghsnv. Salliway, 5 Tex. Civ.App. 239, 23 S. W. S37;AugustA. Busch & Co. v. Caufield, 135 S. W. 244.

. . ." Trusting the above answersyour request,we are verytruly yours ATTORREYGENERAL OF TEXAS APPROVED KAY 4, 1943 s/ Gerald C. Mann By s/ Jas.W. Bassett ATTORNEY GENERAL OF TEXAS Jas. IV. Bassett Assistant Approved Opinion Committee By BWB, Chairman JWB:db/cg