THEATTORNEY GENERAL OF TEXAS

HOMriBble B. F. Howell County Auditor upton county Rankin,Texas Dear Sir: opinion Wo. O-2267 Rt?: Can the Commissioners' Court determine

and pay the CountyJudge compensation

for his services

as countyschool superintendent out of the general

fund or any other county fund? Your request for an opinion upon the above question hss been received end considered

by this department. We quote as followsfrom your letter: "We find it necessary to get youropinion to clearify the salarypaymentof an ex officio County Superintendent's Salary,or rather

where the County Judge of a county that does not have a superintendent of public instruction

acts in that capacity. "Upton County,

Texas is under 6000 population and does not have a common school districtin the County. The CountyTax Collector &as not collectany school taxes whatever

. We have two Independent School Districts

in this County and each of them are independent of the County altogether; each has its own assessor and collector

of taxes>and each conductsits owu affairsas its board of trustees see fit, we have no other schools. "Article

Wo. 3888 as amended by Acts 1933, 44th Legislature, 2nd C. S., p. 1732, ch.447. Par. 2., provides

that where the county judgeacts as superintendent of public instruction, he shall receive for such services $900-X)0

a year a8 the CountyBoard of Trustees of the respective

counties

may provide. The amount shall be paid in manner specified in Chapter 49, Acts of the Forty first legislature, Fourth calledSession (Art. 27OOd-1), ahd in Chapter 175, Acts of the Forth-second Legislature,

Regular Session (Art 2827.) We do not have a County Board of Trusteesin this county., -

Honorable

B. F. Howell,Page 2 o-2267

"In our case as above set forth can the commissioners Court pay the ealaryof $900.00 where the judge acts as Superintendent

of Public Instruction ( the Countynot having a Superintendent)

out of the generalfund of Upton County or my other fund of this county, and do they have power to so act in settingsuch salary.' Article 3888, RevisedCivil Statutes, 1925, as amended,

provides

that: "In a county

where the county judge ects as superintendent of public instruatlon, he shall receivefor such services such salary

not to exceed

nine hundreddollars a year as tha Couuty Board of SchoolTrusteesof the respective counties

may provide. The amountshallbe paid in the manner specified

in Chapter49, Acts of the Forty-first Legislature,

FourthCalled Session (Art. 27OCd-l), and in Chapter 175, Acts of the Forty-second Legislature, Regulsr Session (Art.2827%). (As amended Acts 1935, 44th Leg., 2nd C. S., p. 1732, ch. 447, 2)." Section 1 of Article27006-1, Vernon's

Annotated

Civil Statutes,provides: "That from and afterAugust 31, 1930, the salaryand office expenses

of the countysuperintendent of public instructian and such assistants as he may have shall be paid out of the school funds of the commonand independent schooldistricts of the count.." (underscoring ours). Thus,we find that the two statutory provisions

set out above,provide, in plain and unambiguous terms, who shall determine the amount of the county judge's

compensation

where he acts as countyschool superintendent and from what county fund that compensation shallbe drawn. It is elementary

that the Commissioners ' Court of a county is a court of limited jurisdiction with only thosepowers and dutiesprescribed by the Constitution and laws of this Stats. See El Paso v. Elam, 106 9. w. (2d) 393. It is observed

that there is no reference, expressor implied, to the Commissioners'

Court in either of the statutory provisions

cited supra. Further,

wa find the applicable rule of construction to be, that,where a statute

prescribes

that mode or method of accomplishing a certain thing then all othermeans are impliedly forbidden. Etter v. Ry. Co., 2 willson,section58.Honorable B.F. Howell,Page 

### 3 O-2267

Accordingly,

we find, and you are advised,that the Conmi8aloners’ Cmrt of Upton County,under the facts submitted, may not compensate the county judge for services rendered

as countysuperintendent out of the genera1fund or any otherfund except that one referred to in Article 

### 27006-1,

**suprs.** Furthermore, the court has no authority to determine in the first instance, the amount to be paid the couxity judge. Trustingthat this ratlsfactorily answersyour question, we remain. Very trulyyours ATJ!ORNEX cfmmiA&wm s/Wm. J. Fmning

BY Wm. J. Fanning

Assistant

s/ Grundy

Williallls



### By Grundy

Williams Assistant Wars/ ldw 

### APPROVED

MAY 15, 1940 I/ aRALDc. MANN A’PNRNEY-WTEXAB 

### APPROVED OPINION 

### COMMITTEE BY R. W. F. CHAIRMAX