# THHECA'I[TORNEYGENERAL OTTTEXAS AUSTIN. T-s 76711

August 20, 1974 The Honorable Ogden Bass District Attorney Braeoria County Angleton, Texas 77515 **Dear** Mr. Bass: Opinion No. H- 374 Re: Powers and duties of commissioners court

You have requested our opinion onthe power ofa commissioners court to act in five different areas. The Texas Constitution, Art. 5, Sec. 18, gives to a commissioners court “such powers andjurisdiction over all county business, as is conferred by this Constitution and thelaws ofthe State, or as may be hereafter prescribed, I’ Article 2351, V.T.C.S., is the general statutory grant of

### power to commissioners courts, with specific powers found elsewhere in the statutes. The courts have constructed the powers ofthe commissioners courts narrowly, and their powers are thus limited tothose “specifically conferred upon them. I’ Canales v. Laughlin, 214S.W, 2d451, 453 (Tex. 1948): Anderson v. Wood, 152S.W. 2d 1084 (Tex. 1941); Attorney General Opinions H-16, H-45, H-51 (1973). Inconsidering your questions, therefore, we must look directly tothe statutes for specifically conferred grants ofpower to act. Your questions, with our responses, follow: 1. Can the commissioners court regulate utility rates? There is nogeneral provision in the statutes to allow a commissioners court to regulate utility rateS. InState v. Gulf States Utilities Co., 189S.W. 2d 693 (Tex. 1945), the Texas Supreme Court found that a commissioners court did not have the power to grant autility franchise - such power over utilities not’being conferred on counties. See also Attorney General Opinion V- 907 (1949). Presumably, the commissioners courts have no authority vis-a-vls utility rates either , except when the county is a supplier ofgas or water under Article 2372q. Sec. 3; Article 2352e. Sec. 3; andArticle 2351, Sec. 20, V. T. C.S.

p. 1760The Honorable Ogden Bass, page 2 (H-374)

2. Can the commissioners court set and enforce minimum building and housing codes? Again, commissioners courts have no general power topromulgate such codes. Limited codes can be found, however. Article 6812c, V. T. C.S.9gives to certain counties over 350,000 population the power to establish building set-back lines from major roads. Articles 2372k and 6626a; V. T. C.S., give counties the right to require new subdivision? to provide for the construction andmaintenahce ofroads within the developing area. 3. Can the commissioners court set and enforce standards and procedures for mobile home tie-downs? While the Mobile Home Standards Act, Article 5221f, V. T.C.S., gives the primary resbonsibility over mobile homes to a state-widi Certification Board, Section 14’provides: “Counties and municipalities may, with the approval ofthe Board (which shall notunreasonably be wi+held), adoPt more stringent standards [for tie-downs] when necessary for the public health and,safety. ” Thus, the commissioners court does have limited standard-setting powers. Section 15ofthe Act authorizes the Certification Board to authorize local units ofgovernment to perform inspection and enforcement functions concerning tie-down standards. 4. Can the commissioners court require door-to-door salesmen tobe licensed and pay a fee? We can find nogrant ofsuch power to the court; therefore under the Constitution, the court Cannot act in this area. 5. Can the commissioners court require registration andbonding of home builders? We can rind noauthority for the commissioners court to control such activity except as it falls ‘under Articles 2372k and 6626a, V. T.C.S., which require limited bonds to insure construction and maintenance of roads in new subdivisions. SUMMARY A commissioners court has no general authority to regulate utility rates, establish minimum building and housing codes, license door-to-door salesmen, or require registration and bonding ofhome builders. Ithas limited powers t.oregulate mobile home tie-downs.

Attorney General ofTexasThe Honorable Ogden Bass, page 3 (H-374)

APPROVED:

DAVID M. KENDALL, Chairman Opinion Committee

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