The Attorney General of Texas 

August 24. 1981 

MARK WHITE 

Attorney General 

Honorable James S. McGrath 

Criminal District Attorney 

Jefferson County, Texas 

P.O. Box 2555 

Beaumont, Texas 77704 

Opinion No. MU-362 

Re: Termination of county 

employees 

Dear Mr. McGrath: 

You ask the question: 

Does a single commissioner acting as road and 

bridge administrator have the power to discharge 

an employee? 

You have informed us that by "road and bridge administrator" you 

mean county commissioner acting as ex officio road commissioner 

pursuant to article 6762, V.T.C.S. This statute was amended by Senate 

Bill 1242 enacted by the regular session of the sixty-seventh 

legislature and effective June 16, 1981, when it was signed by the 

Governor. It now provides that in all counties the members of the 

commissioners court shall be ex officio road commissioners of their 

respective precincts. This provision is not automatically effective, 

but must be adopted by the court pursuant to article 6769, V.T.C.S. 

Article 6763, V.T.C.S., as amended by Senate Bill 1242, provides 

in part: 

Subject to authorization by the commissioners 

court, each ex otficio road commissioner may 

employ persons for positions in the conrmissioner's 

precinct paid from the county road and bridge 

funds. Each ex officio road commissioner may 

discharge any county employee working in the 

commissioner's precinct if the employee is paid 

from county road and bridge funds. 

Under the circumstances stated in article 6763, V.T.C.S., a 

single commissioner acting as ex officio road con@ssioner has power 

to discharge an employee. 

P. 1210 
James S. McGrath - Page 2 (MU-362) 

You next ask whether an official appointed by the commissioners 

court has power to discharge an employee. You do not inquire about a 

particular official, so we must answer in general terms. 

Where the court is statutorily authorized to appoint an official, 

there must be statutory authority for the official to hire and fire 

employees. Where the legislature has authorized the delegation of the 

court's powers, it has done so by express legislation as to the powers 

to be exercised by a subordinate. Guerra v. Rodriguez, 239 S.W.2d 915 

(Tex. Civ. App. - San Antonio 1951, no writ)(construing article 6713, 

V.T.C.S.). Sf?e, e. ., V.T;C.S. art. 4478--4485 (hospital 

superintendent). The answer to your question depends in each case on 

the statutes defining the powers of the particular official. 

SUMMARY 

A single county cormnissioner acting as road 

commissioner pursuant to article 6762, V.T.C.S., 

has the power to discharge an employee paid from 

county road and bridge funds. Whether an official 

appointed by the commissioners court has power to 

discharge an employee depends on the statute 

governing the official in question. 

&& 

Attorney General of Texas 

JOHN W. FAINTER, JR. 

First Assistant Attorney General 

RICHARD E. GRAY III 

Executive Assistant Attorney General 

Prepared by Susan Garrison 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Susan L. Garrison, Chairman 

James Allison 

Jon Bible 

Rick Gilpin 

Jim Moellinger 

Bruce Youngblood 

p. 1211