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 County Judge 

compensation for his services as 

county school 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 follows from your letter: 

"We find it necessary to get youropinion to clearify the 

salary payment of 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 district in the County. The 

County Tax Collector &as not collect any 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 conducts its owu affairs as 

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 judge acts as superintendent of public instruction, 

he shall receive for such services $900-X)0 ayear a8 the 

County Board 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 

called Session (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 Trustees in this 

county. 
, - 

Honorable B. F. Howell, Page 2 o-2267 

"In our case as above set forth can the commissioners Court 

pay the ealary of $900.00 where the judge acts as 

Superintendent of Public Instruction ( the County not having 

a Superintendent) out of the general fund of Upton County 

or my other fund of this county, and do they have power to 

so act in setting such salary.' 

Article 3888, Revised Civil Statutes, 1925, as amended, provides that: 

"In a county where the county judge ects as superintendent 

of public instruatlon, he shall receive for such services 

such salary not to exceed nine hundred dollars a year as 

tha Couuty Board of School Trustees of the respective 

counties may provide. The amountshallbe paid in the 

manner specified in Chapter 49, Acts of the Forty-first 

Legislature, Fourth Called 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 Article 27006-1, Vernon's Annotated Civil Statutes,provides: 

"That from and after August 31, 1930, the salary and office 

expenses of the county superintendent of public instructian 

and such assistants as he may have shall be paid out of the 

school funds of the common and independent school districts 

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 county school superintendent 

and from what county fund that compensation shall be drawn. 

It is elementary that the Commissioners ' Court of a county is a court 

of limited jurisdiction with only those powers and duties prescribed 

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, express or 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 other means are impliedly forbidden. Etter v. Ry. Co., 

2 willson, section 58. 
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 county superintendent out of the 

genera1 fund 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. 

Trusting that this ratlsfactorily answers your question, we remain. 

Very truly yours 

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