Honorable William L, Kerr

District Attorney Pecos; Texas
Dear Sir: OpinionNo. O-2594 Re: Commissioners'courts -- Natatoriums -- Countyparks.
Your request for an opinion has been received and carefully consideredby thisDepartment, We quote from your letter as follows:

"MayWinkler County levy a tax for the Permanent ImprovementFund to pay the costs of constructinga natatorium, housing for same, and other constructionsappurtenant thereto,without calling an election? "Theproposed site for the natatorium is KermittIndependentSchool property adjacent to the High School Building inKermit. Will you advise whether the school shouldgive the county a 99 year lease or transfer the title to the county. "The schoolproposes to have custody of and maintain the natatoriumafter the completion. The natatoriumwill be for the benefit of the public."
We are also in receipt of a copy of your opinion upon the above stated questionswhere you hold that the first question shouldbe answered in the negative and that the commissioners' court iswithout authority to expend county funds for a natatoriumbuilding to be managed and controlledby a school district.

We quote from 11 Texas Jurisprudence,pages 

### 563-4-5,as follows:

"Counties,being componentparts of the state, have no powers or duties except thosewhich are clearly set forth and defined in the Constitution and statutes. The statuteshave clearlydefined the powers, prescribed the duties, and imposedthe liabilitiesof the commissioners' courts, the mediumHonorable William L. Kerr, page 2 O-2594

throughwhich the different counties act, and from those statutesmust come all the authority vested in the counties D
. I Q I! 0 a D
.Commissioners' courts are courts of limited jurisdiction, in that their authority extends only to matters pertaining to the general welfare of their counties and that their powersdare only those expressly or impliedlgconferred upon them by law, that is,by the Constitutionand statutes of the state D
. D .' The courts of Texas have repeatedly held that county commissioners'courtsmay exercise only such authority as is conferredby the Constitutionand statutes of~this state. There are abundant authorities to this effect. We cite the following:

"Article5, Section 18, Texas Constitution. Article 2551,Revised Civil Statutes of Texas. 11 Texas Jurisprudence,pa es 563-566. Bland v. Orr, 39 S, W. (2d B 558. Nunn-Warren Publishing Co. v. Hutchinson County, 45 S.W. (2d)651. Bogg v. Campbell, 48 S.W. 2d 515. Landman v, State, 97 S,W. I 1 2d 264. El Paso County v. Elam, 106 3.W. 393. Howard v. Henderson County, 116 S.W. (2d) 791. Dodson v, Marshall, 118 S-W, (2d) 621. ,. Mills County v, Lampasas County, 40 S.W, 404." ArticleVIII, Section 9, of our State Constitution;provides among other things, for the levy of a tax by the county for the erection of public buildings, streets, sewers,waterworks and other permanent improvements,not to exceed twenty-five cents on the one hundreddollars in any one gear. Article 2351,Vernon's Annotated Texas Civil Statutes, reads in part as follows:

"Eachcommissioners'court shall

"7a Provide and keep in repair courthouses, jailsand all necessarypublic buildings

. II
. *' Article 6078,Vernon's Annotated Texas Civil Statutes, reads as follows:Honorable William L. Kerr, page 3

"Each commissioners court is authorized to levy and,collect a tax not to exceed five cents on each $100 of assessed valuation of the county for the purchase and Improvementof lands for use as county parks which shall consist of‘notmore than one hundred acres, and shall not exceedmore than four in any one county. No such tax shallbe leviedand collecteduntil the proposition is submitted to and ratified by the property tax-payingvoters of the county at a general or special election called for that purpose, provided, a two-thirdsmajority of the property taxpaying voters of such county, at an election held for such purpose shalldetermine in favor of said tax. If said court desires to establish two or more'of such county parks they shall locate them inwidely separatedportions of the county. Said court shall have full powerand control over any and all suchparks and may levy and collect an annual tax sufficient in their judgment to properly maintain such parks and build and construct pavilions and such other buildings as they may deem necessary, layout and open'driveways, and walks, pave the same or any part thereof, set out trees and shrubbery,constructditches or lakes, and make such other improvementsas they may deem proper. Such parks shall remain open for the fee use of the public under such reasonable rules and regulations as said courtmay prescribe." OpinionNo. 0-1083 of thisDepartment holds that a "community recreational center" is not a public buildingwithinthe contemplation of ArticleVIII; Section 9 of the Constitution and Section 7 of Article 2351, Revised Civil Statutes of Texas and that the commissioners'court would be without authority to expend county funds for such purpose. The opinion points outb however, that counties have authority to establish "countyparks under the provisions of Article 6078, Verffon's Annotated Texas Civil Statutes.

OpinionNo. O-348 of this Department holds that the commissioners' court Is without authority to expend county funds for the erection and construction of a weather forecasting bureau building.

We have been unable to find any statute authorizing the commissioners' court to expend county funds for the construction of a natatorium. We are of the opinion that a natatorium is not a public buildingwithin the contemplation of-Article VIII, Section 9 of the Constitutionand Article 2351, Revised Civil Statutes of Texas.Honorable William L. Kerr, page 4 O-2594

You are, therefore,respectfully advised that'it is the opinion of thisDepartment that your first question shouldbeg' answered In the negative. However, if the county establishes a county park after a proper election is held,for that purpose under Article 6078, supra,we thinkArticle 6078~would be broad enough to permit the construction of a natatorium In said park.

In answer to your secondquestion, you are respectfully advised that it is the opinion of thisDepartment that the commissioners'court of a county has no legal authority to expend county funds for the erection and maintenance of a community natatoriumbuildingwith management by a schooldistrict or its agents and employees. It is the further opinion of thisDepartment that if~a county park was establishedunder authority of Article 6078 and a natatoriumwas constructed in said county park that the authority to manage and~control said park and park natatoriumwould be in the county commissioners' court and said courtwould have no authority to delegate such control and management to any schooldistrict.
We wish to thank you for your well-reasoned opinions which has aided us greatly in passingupon these questions.
Yours very truly
ATTORNEY GENERAL OF TEXAS

By s/Wm. J. Fanning Wm. J.~~Fanning Assistant
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APPROVED AUG 19, 1940 s/Grover Sellers FIRST ASSISTANT ATTORNEYGENERAL Approved Opinion CommitteeBy s/REKChairman