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 amuseum building, issue timewarrants to finance such construction, and related queotions. YOU have requested our opinion on the following questions:

"(1)Can the Braeoria County Commissioners' Court issue timewarrants to construct amuseum building? "(2)Can Brasoria County maintain saidmuseum building and facilities in connection therewith? "(3)Can Brazoria County provide the funds necessary topay curators and other personnel necessary to the operation of themuseum? "(4)Can themuseum be built, if it canbe built, on a location other than at the county seat, or on what isnowknown as the Fair Grounds?" Section 1ofArticle 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 ofHonorable Sam Lee, page #2 (WW-37P)

horticultural and agricultural products, livestock andmineral products, and such other products as are of interest to the community. Inconnection therewith, such counties may also establish andmaintain 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 arebeing 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 thepower to contract and pay for the construction of thebuilding inquestion with time warrants?"
Thebuilding was tobe constructed as an improvement on the El Paso County Livestock andAgricultural Exhibition Building and the court held (page 335) as followst

"Article 2372d gives thepower 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 atpage 336 the sourt announced the rule aa follows:

"Thisproposition we deem sustained by authority: A county, subject to the express restrictions imposed by the Constitution and general laws, has thepower to issue timewarrants inpayment for improvements it is expressly authorized to-

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

construct, provided that the applicable regulations relating ,tothe 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 thewarrants are issuedwithin the limitations ofArticle 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 suchbuilding maintenance and personnel asmay be necessary for the operation of the museum, the rule being as follows:

*Whenever apower isgiven by statute, everything necessary tomake iteffectual 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. Inreference toyour fourth question, it isnoted that Section 1ofArticle 23726, supra, includes the phrase "In connection therewith." We do not construe this phrase to refer to aparticular site or exhibition building, but rather to the power conferred upon counties toprovide for exhibits. That power is thenbroadened to include the additional powers pertaining tomuseums. This statute confers abroad discretionary power upon the Commissioners' Court andwe think the legislative intent is clear to the effect that the Commissioners' Court, in the exercise of its sound discretion,

,Honorable SamLee, page #4 MW-371)

is authorized to choose that site within the county which~ will best serve the county..

,,

Braeoria County Commi*sioners~ .Courtmay issue time warrants to the extent permitted by the 'county'staxable values, within the limitations ofArticle 2368a, V.C.S., as amended, to finance construc;- tion of amuseum building, may maintain saidbuilding and itsaontents, andmay employ personnel necessary formaintenance of thebuilding and operation of the museum. Thebuilding maybe constructed upon any sitewithin 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