Honorable Robert F. Atkins 

County Attorney 

San Jacinto County Courthouse 

Coldspring, Texas 77331 

Dear Mr. Atkins: 

Opinion No. M-799 

Re: Authority of a County to 

lease its property. 

Your recent letter requesting an opinion from this office poses 

the following question: 

“Whether the Commissioners’ Court of 

San Jacinto County can lease to private individuals 

a portion of the old State Highways and Farm-toMarket Roads that have been turned back to the 

County? ” 

A general statement of law applicable to powers of the Commissioners’ Court is set out in the following statement: . 

“Although the commissioners’ court, as 

the a,cting governing body of the county, has jurisdiction touching in some respect almost every 

feature,of the county’s business, its power extends 

only to such business of the county as is entrusted 

to it by the constitution or statute. In other words, 

the jurisdiction of the commissioners’ court over 

the county business is not general and all-inclusive, 

but is limited to matters or Rowers specifically 

covered by the constitution and statutes. The court 

does not have general police powers. %foreover, it 

must conform to the statutory mode prescribed for 

the~exercise of its powers.” 15 Tex. Jur. 2d 261-2. 

Counties, Section 35, and cases there cited. (Emphasis added. ) 

-3877- 
Honorable Robert F. Atkinr, page 2 (M-799) 

Article 2351, ’ in part, provides that: 

“Each commissioners’ court shall: 

“3. Lay out and establish, change and discontinue public roads and highways. 

‘1. . . 

“6. Exercise general control over all roads, 

highways, ferries and bridges in their 

counties. 

I, 

. . 

1 

“15. Said court shall have all such other powers 

and jurisdiction, and shall perform all such 

other duties, as are now or may hereafter 

be prescribed by law. ” (Emphasis added. ) 

While Article 1577 deals with the sale of real estate by the 

county, there is no language therein that either expressly or necessarily implies that a county may lease its own property for any purpose. Since its amendment in 1953 (Acts 53rd Leg., R. S. , Ch. 133, 

p. 447), Article 1577 has constituted the general authority of a county 

to sell or dispose of real estate, with no provision therein contained for 

leasing land. We find no cases of any appellate court having construed 

this Article with reference to the power of a county to lease land. 

We do find several statutes authorizing a county, or certain 

counties, to make a lease of county owned land for certain purposes 

and under specified conditions: 

(1) an airport, Articles 2351, subdivision 18(a) and Article 

1269h, subdivision D (Attorney General Opinion No. 

M-758 (1970) so holding); 

1 All references to Articles are to Vernon’s Civil Statutes. 

-3878- 
Honorable Robert F. Atkins, page 3 (M-799) 

(2) county hospital: Articles 4494a, 4494b. 4494~. 4494d, 

4494e. 4494f, 4494g. 4494h, 4494j. 4494k.’ 44941. and 

4494m. 

This office has consistently held since February 17, 1948, that 

there is no general authority conferred by the Constitution or statutes 

authorizing the Commissioners’ Court to lease its property. Attorney 

General Opinions Nos. R-1073 (1948); V-1085 (1950); V-1457 (1952); 

and C-678 (1966). In view of the foregoing, it will be presumed that the 

Legislature has had knowledge of this departmental construction, and 

having met numerous times without amending the statutes to provide 

authority for counties to lease property, it has acquiesced in that construction and did not desire to grant general authority to counties to 

lease property. Likewise, it is settled that the courts will ordinarily 

adopt and uphold the statutory construction of the Attorney General if 

such is deemed reasonable. 53 Tex. Jur. 2d 262-263, Statutes, 177. 

further stating: 

“In particular, an opinion or ruling of the 

Attorney General is highly persuasive and will be 

carefully considered and followed in case of doubt 

as to the proper construction to be given a statute. ” 

We hold, therefore, that in the absence pf a statut’e conferring 

upon the county the authority to lease its property, such authority does 

not exist. Consequently, even assuming that title to the abandoned highway property is in the county, the Commissioners’ Court of San Jacinto 

County is without authority to lease it or any portion thereof. 

SUMMARY 

There is no existing general statutory authority 

authorizing a county to lease its property for any purpose, and before any county may lease its property, the 

Legislature would have to enact appropriate legislation 

empowering counties to lease their property. 

Very*y yours, 

Attorney 

LY 

eneral of Texas 

-3879- 
. ,. . 

Honorable Robert F. Atkinr, page 4 (M-799) 

Prepared by Edward B. Rather 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

MerriIl Finnell 

Arthur Sandlin - 

Bob Lattimore 

Max Hamilton 

MEADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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