Ii1 OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

gonorable Wllliclm W, allon 

Bounty Attorney 

Lavaor Qounty 

Sallatterille, Texas 

Pulr Sir1 

d oount,y to nn 

company or oorporaoon8truotlon, outboundaF$ar of ruti' 

Of ë, l UOh o o unty, o f 

nmp q ltes or roads?* 

we quote Zrwr 13 0.3. 537, eugrat 
134 

Bonorable William W. Allen, Page g 

“In acaordanoe with the general rule 

heretofore stated, that oounty boards or 

oounty courts have no pow-era other than those 

aonferred expressly or by neaaseary 

Implication, such courts or boar&e have 

no power to rent or lease property or 

franohises owned by the oounty, in the 

absence of statutory authority to do so.* 

Thia~department held in Op$nlon No. O-8034, approved 

March 12, 1940, that the commi6sioners~ oourt had no authority 

tc lease grading equipment such a8 traotors and graders, to 

a aontractor ‘who has taken a oontraot to ,bulld a road wltthin the oounty. 

For your information, we euolose a copy of the 

roregoing opinion. It dll be noted that this department 

follow a prior ruling’ which held that mmml~alonsre* oourt 

haa no authority, rxpr6~eeb or implied, to hire out county 

road ~rsaahinery while euoh maehiuary is ldlo. The Legl8latar6 by the prwisione or Artiole 85780 B6rnonta 4motatcld 

Qi7il Statatre, hae ,granted to the ofnruL3ioner6~ oourt 

authority to employ or permit to be employed road maahinery 

or other road equipment in the s*FViea of soil oonaemtion 

and prevention of s0i1 waBt@ through erodon, all of nhloh 

la pointed out in the opinion attached. 

It would appear tbet the fossgclng opinion anewer& 

your question in the negative. TInlees extended by the 

Legislature the power8 end authority of the eonimiealonsrs* 

aourt are aonffned in and oo-extensive with the boundaries 

or the aotuity over whiah it praa%des. The funotFon 0r suoh 

oourts pertaining to the general welfare of their reepeotive 

oounties la clearly ~set forth ~ln the following language 

taken from the opinion in Edwards county ve. yenninga, 

supra, and we Quote: 

_/ Wountiee are polltitial or civil divisions 

of the state, areatea for the purpose cf brlnging government home to the people, and Jupplying 

the neeess&ry ,means for sxbauting the wlsliea 

of the people, and .bringing ‘into exerciere the 

machinery necessary to the enforoement of local 

government. Counttea being oomponeot parts of 

the stats?, have no powsre or duties except those 

alearly set ioxth and defined in the constitution 
Honorable '2Uliam W. kllen, Page 3 

and statutes. 1 Dill. Mu. Carp { 25. The 

statutes of Texas have olearly defined the 

powera, presoribsd the duties, and imposed 

the liabilities of the eo~&ssi~ers~~aourt, 

the medium through whiah the different 

aounties aat, and from those statutes must 

oome all the authority vested in the counties. 

It is provided in the cons'tittutlon t&at the 

foounty aomtniasionere fro ahoasn, with the 

oounty judge, as presiding otfiaer, shall 

aompoae the oounty oommiasionera~ aaurt, 

which shall ers'tiaise suah powers and 

jurisdiction over all county buainass, as 

ie oonferred by this constitution and the 

laws of this state, or as may,be hCWQart5r I 

prescribed.* Conet. art. 5 [ 18. Looking 

lx the power6 'granted by the legislature by 

virtue of the above constitutional prqision, 

we find that no authorPty,ir .&ven the oommisSiOfMr6' court to snter into euci2 OOQtZ'SOts 

as the one,sued on tn this case. Bev. %3t,. 

Art. 1514. It Is clear, therefore, tbst.ths 

attempted oontraot was beyonq the power and 

;u$h$%ty confided in the county aomaissi~oners; 

It ie .fharefcre the apinion @this dspartnent that 

the commissioneM* court has no autharity to lease road 

machinery or road equipment to en individual, oompany or 

corporhtion for the construction of any works of improrenent including aviation ficlde, camp sites or roads outside 

the boundaries of the county. 

Yours very truly 

FIRST ASSISTANT By 

ATTORNEY GENERAL