Honorable C. Woodrow Laughlin 

County Attorney - 

Jim Wells County 

Alice, Texas 

Dear Sir: Opinion No. 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 officials without saLd 

courtrs approving bills therefor 

at regular meetings, and related 

questions. 

Your request for an opinion on the above matters has 

been received and parefully considered. We quote from your 

request as follows: 

I, . . . . 

"Does tha Commissioners t Court of Jim Wells County 

have the authority to pass an order authorizing then 

county auditor to pay county and precinct officials, 

regular county employees, p art time county employees and 

utility bills when due without the necessity 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 information as to just what 

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 in mind. Your reply states that 

you would like for said opinion to cover the following: 

n . . . . 

"(1) All elected oounty and precinct officials 

"(2) All regular deputies and regular employees of 

county officials 
Honorable'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 employees when approved by a 

County Commissioner or the County Judge. 

II 1, . . . . 

Your question is answered in the negative, for the 

following reasons: 

The county auditor is not subject to the orders of 

the commissioners' court. He must approve all claims, bills 

and accounts before the sams are presented for allowance by 

said court. Article 1660. All warrants on the county treasury, except warrants 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, in answering 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 a wall established principle of law in this 

State that commissioners 1 courts are courts of limited jurisdiction and have only such powers as are conferred upon them 

by the Constitution and statutes of this State, hence we direct your attention to the statutes hereinafter 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 shall have all such other powers 

and jurisdiction, and shall perform all such other duties, 

as are now or may hereafter be prescribed by 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 reports relating 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 order to make said 

accounts and reports correct, and shall cause all orders 

made by them, appertaining to said accounts' and reports, 

to be properly entered upon the minutes of:said court and 

noted upon said accounts and reports." 

The commissioners' court does not have the power to 

delegate to some other person the performance of the duties 

placed upon it by 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 warrants had been drawn upon 

Young County by the Clerk of said County upon the order of its 

county judge, instead of by order of the commissioners' court 

of said county. The court held that said warrants were illegal 

and void because not approved by the commissionersr court and, 

in passing thereon, laid down the following principle of law 

which is applicable here, as follows: 

"The duty of imposed by statute upon the county 

commissioners to audit all claims against the county and 

to order paid those only which are found to be just and L 

legal demands, wasjudicial in its nature, and its performance could not be delegated to another, since it is well ', 

settled in this state that an order of the commissionerst 

court allowing a claim against the county and directing 

its payment is, in effect, a judgment, and just as conclusive as aijudgment rendered by any other trial court 

acting within its judisdictlon. Callaghsn v. Salliway, 5 

Tex. Civ. App. 239, 23 S. W. S37; August A. Busch & Co. v. 

Caufield, 135 S. W. 244. . . ." 

Trusting the above answers your request, we are 

very truly yours 

ATTORREY GENERAL 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