Hon. W. W. Cavea

Assistant

CountyAttorney Rusk county Henderson,

Texas

Dear Sir: Opinion NO. 

### O-6294 Re: Whetherthe Commissioners' Court can legally

pay the expenses

of a CountyAgent to the National

Agricultural Agents'

Aseociation.

Your telegram

of November27, 1944, requesting the opinion of this department

on the question

statedtherein,is, in part, as follows:

"Is it permissible for CountyCommissioners' Court to pay expenses

of CountyAgent to National CountyAgricultural

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 countyof this State is authorized

to establish

and conductcooperative and demonstration

work in agriculture, and home economics In cooperation

with the Agricultural and Mechanical

Collegeof Texas, upon such terms and conditions as may be agreedupon by the Commissioners' Court and the Agent of the Agricultural and Mechanical Collegeof 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 conductcooperative 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 givenbroad power to the Commissioners' Court and leavestheir decision final on the question as to what is necessary

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

It followsthat 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

CountyAgricultural Agents'

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

that taxes shallbe leviedend collected by the generallaws for publicpurpose6 only. It is fundamental law that expenditures of tax money must be only for publicpurposes. 15 CorpueJuris,page 574, in discussing expenses

of public officer, uses the following language: "Ordinarily

membersof county

boards are entitled to no other allowance or emolument

whateveroutside

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 neitherto ordinary nor extra compensation or reimbursement for services

rendered

or expensesincurred 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 "countybusiness", end there is no statutory or constitutional

authority

to pay same a See Conference

Opinion

No. 0-2018,datedApril 2, 1919, recorded in Vol. 52, pages 262-3-4, conference

opinionof the Attorney General of Texas which contains a full discussion

of this question,

and many other opinions

of this department.

The distinction

betweenthe situation mentionedin the preceding paragraph

end the one presented in your inquiryis that Art. 164, V. A. C. S., gives the Commissioners' Court statutory

authority to pay the expenses of the CountyAgricultural Agent in attending the NationalCountyAgricultural Agents' Association, if the Commissioners Court is of the opinion that such attendance is necessary

to effectively carry on the work of the CountyAgricultural Agent in his county.

APPROVED

NOV 28, 1944 Yours very truly, Id Grover Sellers ATIORNEY GENEPALOF TEXAS ATTORJEYGE%JZl?ALOFTEXAS By /s/ ArdellWilliems APPROVRD ArdellWilliams AW:rt:lm OPINIOIi Assistant COMMlTTEE