August 

### 7, 1959

Honorable H. H. Wellborn OpinionNo.

### WW-683 County Attorney Rusk County Re: Questions relating to Henderson, Texas the "Welfareand Probation Office" of Dear Mr. Wellborn: Rusk County.

In your brief of the case you have,outlined the following:

"In 1935, the Commissioners Court of

Rusk County, duly passed an orderwhich was entered in the minutes, to this effect: ‘The Court engages the services of (naming the person) as Probation Offor Rusk County; that said officers duties shall be that as enumerated in Art. 5142, of the R.C.S. 1925, and in addition that all relief or charity cases coming up for consideration to be handled throughher office, that the appointment shall be for a term of 2 years, etc.'
"Theparty appointed at that time, did somework for the Sheriff and District Attorney's office, in the way of handling female prisoners. But at least 99% of the work of the officewas looking after charltY. Of late years, the 'WelfareOfficers' have performed the charityprovisions exclusively. Facts show the two welfare officers investigate cases of alleged needy persons and give 'orders'for groceries, medical and hospital attention, then present the bill to the County (Commissioners Court)who approve the bill, and pay them by drafts drawn on the County.,- .

Honorable H. H. Wellborn,page 2 

### (W-683)

"Article 51391, Revised Civil Statutes, creates a 'JuvenileBoard' for Rusk and Harrlson Countiesand the Juvenile Officerhas been authorizedby the Court,and we are now In the process of employingone under the statute above set out.
"TheWelfarebill of Rusk County last year was 

### $63,000.00~~

Your first question is:

"Does the 'Welfareand Probation Office' legally exist under the above facts?"~

It Is presumed that the Juvenile Officers appointed In 1935were appointedunder authority of the Acts of the 36th Legislature, Second Called Session, 1919, Chapter 

### 51,page 130, codified as Article 5142 In Vernon's Civil Statutes.,We would like to point out that this statute Is a general law applying to all counties in general and was not limited to any specific county. The statuteproviding for a "juvenileboard for Rusk and Harrison Counties" Is set up in the Acts of 1955, 54thLegislature, Regular Session, Chapter 106, page 

### 385,and codified as Article 51393 of Vernon's Civil Statutes. This Is a special law covering the subjectof juvenileboards and juvenile officers in Harrisonand Rusk Counties.

In the case styled Ssm Bassett Lumber Co. v. City of Houston, 145 Tex. 492, 198 S. .2 9
The general rule is that when the law msGs'a'genera1 provision, apparently for all cases, and a specialprovision for a particular class, the generalmust yield to the special In so far as the particular class Is concerned. Perezv. Perez, 59 Tex. 322. This rule is based upon the principal that all acts and parts thereofmust stand, If possible, each occupying its proper place; and that the lntention of the Legislature Is more clearly reflected by a particular statute than by a general one. Accordingly,a specificact la properly regarded as an exception to, or qualification of, a general law on the same subjectpreviously enacted

. . .'I See also Townsendv. Terrell, 

### 118Tex. 

### 463, 16 S.W.2d 1063; Forwoodv. City of Taylor, 147 Tex. 161, 214 S.W.2d 

### 282 (1948).Honorable H. H. Wellborn, page 

### 3 (~~-683)

We would also point out that Section 4 of Article 51393 of Vernon's Civil Statutes,which Is the special law settingup the JuvenileBoard in Rusk County,provides:
All laws and parts of laws in conflict herewith are repealed to the extent of such conflict."

From the holding In the case just cited above, and from the repealing section of this Statute, It would seem that the general provisionsof Article 5142 of Vernon's Civil Statutes as to appointment of juvenile officers is repealed and supersededby theprovisions of Article 51393, which Is a special law and gives jurisdiction to the County Juvenile Board of Rusk County.

We cannot find authority for the use of Juvenile Officers "tomake investigationsfor charity in Rusk County." From an examination of Article 5142 of Vernon's Civil Statutes, it seems that the only countieswhere the extra duties of Juvenile Officers "shallbe to make investigations for the Commissioners'Court on applications for charity" is In counties having a population of 150,000 or more. No such extra duties are specified for countieshaving a lesser population, such as Rusk County.

Therefore in answer to your first and third questions, you are advised that the Welfare and Probation Office will not legally exist and will be vacatedby the provisions of Article 51393when the JuvenileBoard appoints new juvenile offlcers.
In answer to your other two questions, which read as follows:
"2. Do the Welfare and Probations Officers

(thoughdoing nothing but welfare) have the power to purchase groceries,medicine and hospitilization for needy persons,whose needs, they alone determine,without prior authority to incur such Indebtedness, from the Commissioners Court?" 

### “4. May the CommissionersCourt delegate their authority, to provide for paupers and indigent sick of the County, to the so called 'Welfareand Probation Officers'and will the County be obligated to pay suohbills, such officers, to authorize these expendituresbefore consulting the Court?"Honorable H. H. Wellborn,page 4 (WW-683)

we point out the following:

Section 11 of Article 2351 of Vernon's Civil Statutes, provides:
%ach commissionerscourt shall:

II

. . . "11. Providefor the supportof paupers and such idiots and lunaticsas cannot be admitted Into the lunaticasylum, residents of their county,who are unable to support themselves.

. . .' Section 

### 18 of ArticleV of the Constitutionof Texas reads in part:

II

. . . The County Commissioners so chosen, with the CountyJudge presiding officer, shall compose the County CommissionersCourt,which shall exercise suchpowers and jurisdlatlonover all county businessas is conferred by this Constitutionand the laws of the State, or as may be hereafterprescribed." (Emphasisadded.)
The general rule is that County Commissioners Courts have no power, except that speciallyconferredby the Constltution or statute. v. Campbell, 48 S.W.2d 515 (Civ.App.

Howard v. Hen on County,116S.W.2d 479 (Civ.App. However,where a duty is Imposed or a power conferred by statuteupon a commissionerscourtwithin the boundaries of power which the Constitutionhas created, then the commlsslonerscourt has implied authority to exerclse.broaddlscretion to accomplishpurposes intendedby such statute. El Paso Countyv. Elem, 106 S.W.2d 393 (Clv.App.1937); Dodson v. Marshall 18 S W 2d 

### 621 (Civ.App.

### 1938);Andersonv. %&!O:, 152 S.W.2d 1084. Wood, 137

The commlsslonerscourt Is the general business and contractingagency of a county, and It alone has authority to make contractsbinding on the county, unless otherwise specificallyprovidedby-statute. 

### i61 S.W. 2d 322 (Civ.App. 1942). Weir~v. Anderson County

A contractbetween an individualand a countymust be made through the agency of the commissioners court, or itHonorable H. H. Wellborn, page 5 (WW-683)

is not binding on eitherparty. 85 S.W. 475 (Clv.App. 1905). Presidio County v. Clarke,

In the case of Gano, et al. v. Palo Pinto County, 71 Tex. 99, 8 S.W. 634, it is said:

. . We think it the duty of these courts &&mnissioners Courtgto select themselves such agents as may be necessary to assist them In the discharge of their functions, when such agents have necessarily to exercise judgment and discretion in the performance of the work assigned them. The duty of making such selection shouldnot be delegated.

. . .~'I
!Phelanguage of the above cited cases Indicate that the commissioners courts can select agents to assist them In county functions and may employ such oountywelfare workers as in-their discretionare necessary to achomplish the duties imposed on them by Section 11 of Artiale 2351, Vernon's Civil Statutes.

In order for funds to pay a welfare worker and funds for relief to be available for the purposes set out under Section 11 of Article 2351,Vernon's Civil Statutes, the Commissioners Courtwould have to so provide in its budget and designate suchmoney for that purpose. The welfare worker could then contract for the expenditure of suchwelfare funds as directedby the CommissionersCourt, but such contracts would be subject to the review and approval of the Conmissioners Courtbefore being payable by the County.

You have referred to that portion of Attorney General's Opinion O-1919 (1940)which holds that "the Commissioners' Court is not authorized to employ a countywelfare worker". That portion of that opinion is modified so far as It conflicts with the holding of this opinion so as to conform to the holding of this opinion.
SUMMARY
The Acts of the 54th Legislature, 1955, chapter 106, page 385, codified as Artlcle 51393,Vernon's Civil Statutes, supersedes the Acts of the 36th Legislature, Second Called Session, 1919, page 130, codified as Article 5142 of Vernon's Civil Statutes, and future JuvenileHonorable H. H. Wellborn, page 

### 6 (~~-683)

Officers shallbe appointed and dismissed by the County JuvenileBoard of Rusk County; and the Commissloners~ Court no longerhas the power to appoint or maintain Juvenile Officers appointed under the provisions of Article 5142, Vernon's Civil Statutes.
The CommissionersCourtmay delegate their authority to provide for paupers and Indigent sick of the county to welfare workers, whose powers shallbe to investigateand determinewho are paupers and indigent sickpersons and to contract for expenditureof budgeted funds for the relief of those persons who are qualified to receive them under Section 11 of Article 2351,Vernon's Civil Statutes,but all contracts so made are subject to the review and approval of the CommissionersCourtbefore becoming payable by the County.

Yours very truly,

QCR:zt:mfh
APPROVED:
OPINION COMMITTEE ffeo.P. Blackburn, Chairman QrundyWlllisms Bean I&via PaulW. Floyd, Jr. WILL WILSON AttorneyQeneral of Texas

REVIEWED FOR THE ATTORNEYGENERAL BY: Leonard Passmore