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 anopinion from this office poses the following question:

“Whether the Commissioners’ Court of San Jacinto County can lease toprivate individuals aportion of the old State Highways and Farm-toMarket Roads that have been turned back to the County? ” A general statement 

### oflaw applicable to powers of the Commissioners’ Court is set out inthe following statement: .

“Although the commissioners’ court, as the a,cting governing body ofthe county, has jurisdiction touching in some respect almost every feature,of the county’s business, its power extends only to such business ofthe county as is entrusted to itby the constitution or statute. Inother words, thejurisdiction 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 andstatutes. The court does not have general police powers. %foreover, it must conform to the statutory mode prescribed for the~exercise 

### of its powers.” 15Tex. Jur. 2d 261-2. Counties, Section 35, and cases there cited. (Emphasis added. )

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### Honorable Robert F. Atkinr, page 2 

### (M-799)
Article 2351, ’ inpart, provides that: “Each commissioners’ court shall:

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

‘1. . .

“6. Exercise general control over all roads, highways, ferries and bridges intheir counties.

I,

. . 1

“15. Said court shall have all such other powers andjurisdiction, 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 acounty 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 noprovision therein contained for leasing land. We find no cases of any appellate court having construed this Article with reference tothe power 

### ofacounty to lease land.

We dofind several statutes authorizing a county, or certain counties, to make alease ofcounty owned land for certain purposes and under specified conditions:

(1) anairport, Articles 2351, subdivision 18(a) and Article

1269h, subdivision D(Attorney General Opinion No. M-758 (1970) so holding); 1 All references toArticles are toVernon’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 tolease its property. Attorney General Opinions Nos. R-1073 (1948); V-1085 (1950); V-1457 (1952); and C-678 (1966). Inview ofthe foregoing, itwill be presumed that the Legislature has had knowledge ofthis departmental construction, and having met numerous times without amending the statutes toprovide authority for counties to lease property, ithas acquiesced inthat construction and did not desire to grant general authority to counties to lease property. Likewise, it is settled that the courts will ordinarily adopt anduphold the statutory construction ofthe Attorney General if such is deemed reasonable. 53Tex. Jur. 2d262-263, Statutes, 177. further stating:

“In particular, anopinion or ruling of the Attorney General is highly persuasive andwill be carefully considered and followed incase of doubt as to the proper construction to be given a statute. ” We hold, therefore, that inthe 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 inthe county, the Commissioners’ Court ofSan Jacinto County is without authority to lease itor any portion thereof. SUMMARY There is no existing general statutory authority authorizing a county tolease 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 LYeneral 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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