HE Li%TORNEY GENERAL 

0F TEXAS 

February 17, 1958 

Honorable Sam Lee 

District Attorney 

Brasoria County 

Angleton, Texas 

Dear Mr. Lee: 

Opinion Do. W-37X 

Re: Whether Braeoria County 

may construct a museum 

building, issue time warrants to finance such 

construction, and related 

queotions. 

YOU have requested our opinion on the following questions: 

"(1) Can the Braeoria County Commissioners' 

Court issue time warrants to construct 

a museum building? 

"(2) Can Brasoria County maintain said museum 

building and facilities in connection 

therewith? 

"(3) Can Brazoria County provide the funds 

necessary to pay curators and other 

personnel necessary to the operation 

of the museum? 

"(4) Can the museum be built, if it can be 

built, on a location other than at the 

county seat, or on what is now known 

as the Fair Grounds?" 

Section 1 of Article 2372d, V.C.S., as amended, is as follows* 

"~11 counties in the State acting by and 

through their respective Commissioners' 

Courts may provide for annual exhibits of 
Honorable Sam Lee, page #2 (WW-37P) 

horticultural and agricultural products, 

livestock and mineral products, and such 

other products as are of interest to the 

community. In connection therewith, such 

counties may also establish and maintain 

museums, including the erection of the 

necessary buildings and other improvements, 

in their own counties or in any other 

county or city in the United States, where 

fairs or expositions are being held." 

In the case of Adams v. McGill, 146 S.W. 26 332 (Civ.App., 

1941, error ref,%, at page 334, the court said: 

"The concrete question presented by this 

appeal 1.58 Has El Paso County the power 

to contract and pay for the construction 

of the building in question with time 

warrants?" 

The building was to be constructed as an improvement on the 

El Paso County Livestock and Agricultural Exhibition Building and the court held (page 335) as followst 

"Article 2372d gives the power to construct the improvement. We think implied in that power is the authority to 

use the revenues of the county within 

lawful limits to construct the improvement." 

And at page 336 the sourt announced the rule aa follows: 

"This proposition we deem sustained by 

authority: A county, subject to the 

express restrictions imposed by the Constitution and general laws, has the power 

to issue time warrants in payment for improvements it is expressly authorized to 
- 

Honorable Sam Lee, page #3 (WW-371) 

construct, provided that the applicable 

regulations relating ,to the issuance of 

such warrants be observed." 

We think this holding of the court applies with equal force 

to the construction of county museum buildings, and your 

first question is answered in the affirmative, providing 

the warrants are issued within the limitations of Article 

236Sa, V.C.S., as amended, and the debt thereby created is 

justified by the taxable values of the county. 

The Commissioners' Court, in the exercise of its sound discretion, may also provide fox such building maintenance and 

personnel as may be necessary for the operation of the museum, 

the rule being as follows: 

*Whenever a power is given by statute, 

everything necessary to make it effectual or requisite to attain the end is 

implied . . . The grant of an express 

power carries with it, by necessary implication, every other power necessary 

and proper to the execution of the power 

expressly granted.* Terre11 v. Sparks, 

104 Tex. 191, 135 8.W. 519. 

Accordingly, your second and third questions are answered in 

the affirmative. 

In reference to your fourth question, it is noted that Section 1 of Article 23726, supra, includes the phrase "In connection therewith." We do not construe this phrase to refer 

to a particular site or exhibition building, but rather to 

the power conferred upon counties to provide for exhibits. 

That power is then broadened to include the additional powers 

pertaining to museums. This statute confers a broad discretionary power upon the Commissioners' Court and we think 

the legislative intent is clear to the effect that the Commissioners' Court, in the exercise of its sound discretion, 

, 
Honorable Sam Lee, page #4 MW-371) 

is authorized to choose that site within the county which~ 

will best serve the county.. 

,, 

Braeoria County Commi*sioners~ .Court may 

issue time warrants to the extent permitted by the 'county's taxable values, 

within the limitations of Article 2368a, 

V.C.S., as amended, to finance construc;- 

tion of a museum building, may maintain 

said building and its aontents, and may 

employ personnel necessary for maintenance 

of the building and operation of the 

museum. The building may be constructed 

upon any site within the county considered 

suitable by the Commissioners' Court in 

the exercise of its sound discretion. 

Very truly yours. 

WILL WILSON 

Attorney General 

By 

Howard W. May8 

HWM-8 

APPROVEDI 

OPINION COMWITTEE 

George P. Blackburn, Chairman 

Cecil C. Rotsch 

J. Wark McLaughlin 

J. Milton Richardson 

John H. Minton 

REVIEWED FOR THE ATTORNEY GENERAL 

By: W. V. Geppert 

Assistant