# Ii1 OFFICE OF THEATTORNEYGENERALOFTEXAS

gonorable Wllliclm W,allon Bounty Attorney 

### Lavaor Qounty Sallatterille, Texas Pulr Sir1



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### oount,y tonn company oroorporaoon8truotlon,

outboundaF$ar of ruti'

Of ë, l UOh o ounty,

of nmpqltes

orroads?*

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-eraother than those aonferred expressly or by neaaseary Implication, such courts or boar&e have no power to rent or lease property or franohises ownedby 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 noauthority tc lease grading equipment such a8 traotors and graders, to a aontractor ‘whohas 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 noauthority, rxpr6~eeb or implied, to hire out county road ~rsaahinerywhile euoh maehiuary is ldlo. TheLegl8latar6 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 ~setforth ~lnthe following language taken from the opinion in Edwards county ve. yenninga, supra, andwe Quote: _/ Wountiee are polltitial or civil divisions of the state, areatea for the 

### purpose cf brlnging government hometo the people, andJupplying the neeess&ry ,meansfor 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 anddefined in the constitutionHonorable '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 mediumthrough whiah the different aounties aat, andfrom those statutes must oomeall the authority vested in the counties. It is provided in the cons'tittutlon t&at the foounty aomtniasionere froahoasn, with the oounty judge, as presiding otfiaer, shall aompoaethe 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 hCWQart5rI prescribed.* Conet. art. 5 [ 18. Looking lx the power6 'granted by the legislature by virtue of the above constitutional prqision, wefind that no authorPty,ir .&ven the oommisSiOfMr6' court to snter into euci2OOQtZ'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, campsites or roads outside the boundaries of the county.
Yours very truly

FIRSTASSISTANT By ATTORNEY

GENERAL