Hon. W. W. Cavea 

Assistant County Attorney 

Rusk county 

Henderson, Texas 

Dear Sir: Opinion NO. O-6294 

Re: Whether the Commissioners' 

Court can legally pay the 

expenses of a County Agent 

to the National Agricultural 

Agents' Aseociation. 

Your telegram of November 27, 1944, requesting the opinion 

of this department on the question stated therein, is, in part, as follows: 

"Is it permissible for County Commissioners' Court 

to pay expenses of County Agent to National County Agricultural Agents' Association where all kinds of agricultural problems are discussed?" 

Article 164, Vernon's Annotated Civil Statutes, provides as 

follows: 

"The Commiasionerst Court of any county of this State 

is authorized to establish and conduct cooperative and demonstration work in agriculture, and home economics In cooperation with the Agricultural and Mechanical College of 

Texas, upon such terms and conditions as may be agreed upon 

by the Commissioners' Court and the Agent of the Agricultural and Mechanical College of Texas; and may employ such 

means, and may appropriate and expend such sums of money 

as may be necessary to effectively establish and carry on 

such demonstration work in agriculture and home economics 

in their respective counties," 

It will be noted that the Legislature, by the foregoing statute, has provided that in order to conduct cooperative demonstration 

work in agriculture and home economics, the Commissioners' Court is 

given the power to employ such means and to appropriate and expend such 

eums of money as may be necessary to effectively establish and carry 

on such work. This Act has given broad power to the Commissioners' 

Court and leaves their decision final on the question as to what is 

necessary to carry on this work. 
Hon. W. W. Caves , page 2 (O-6294) 

It follows that if the Commissioners' Court is of the opinion that the attendance of the National County Agricultural Agents' 

Association is necessary to effectively carry on the work of the County 

Agricultural Agent of the County, then the Commissioners' Court would 

have authority to pay the necessary expenses of the County Agricultural 

Agent attending the National County Agricultural Agents' Association. 

Article 8j Sec. 3, of our State Constitution provides that 

taxes shall be levied end collected by the general laws for public purpose6 only. It is fundamental law that expenditures of tax money must 

be only for public purposes. 15 Corpue Juris, page 574, in discussing 

expenses of public officer, uses the following language: 

"Ordinarily members of county boards are entitled to 

no other allowance or emolument whatever outside of the 

compensation fixed by law for their servicee, and to be 

entitled to that compensation they must bring their services and expenaes within the terms of the statute, authorizing the payment, it being the rule that they are entitled 

neither to ordinary nor extra compensation or reimbursement 

for services rendered or expenses incurred in the doing of 

unauthorized acte outside the scope of their official duties, 

even though their services are for the benefit of their 

county." 

This department has repeatedly held that the Commiseioners' 

Court haa no authority to expend county funds to pay expenses of county 

official6 when attending conventions because same is not "county business", end there is no statutory or constitutional authority to pay 

same a See Conference Opinion No. 0-2018, dated April 2, 1919, recorded 

in Vol. 52, pages 262-3-4, conference opinion of the Attorney General 

of Texas which contains a full discussion of this question, and many 

other opinions of this department. 

The distinction between the situation mentioned in the preceding paragraph end the one presented in your inquiry is that Art. 

164, V. A. C. S., gives the Commissioners' Court statutory authority 

to pay the expenses of the County Agricultural Agent in attending the 

National County Agricultural Agents ' Association, if the Commissioners 

Court is of the opinion that such attendance is necessary to effectively 

carry on the work of the County Agricultural Agent in his county. 

APPROVED NOV 28, 1944 Yours very truly, 

Id Grover Sellers ATIORNEY GENEPAL OF TEXAS 

ATTORJEYGE%JZl?ALOFTEXAS By /s/ Ardell Williems 

APPROVRD Ardell Williams 

AW:rt:lm OPINIOIi Assistant 

COMMlTTEE