THHECA'I[TORNEYGENERAL 

OTT TEXAS 

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 on the power of a commissioners 

court to act in five different areas. The Texas Constitution, Art. 5, 

Sec. 18, gives to a commissioners court “such powers and jurisdiction 

over all county business, as is conferred by this Constitution and 

the laws of the 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 of the commissioners courts narrowly, and 

their powers are thus limited to those “specifically conferred upon them. I’ 

Canales v. Laughlin, 214 S. W, 2d 451, 453 (Tex. 1948): Anderson v. Wood, 

152 S. W. 2d 1084 (Tex. 1941); Attorney General Opinions H-16, H-45, H-51 

(1973). In considering your questions, therefore, we must look directly 

to the statutes for specifically conferred grants of power to act. 

Your questions, with our responses, follow: 

1. Can the commissioners court regulate utility rates? There is 

no general provision in the statutes to allow a commissioners court to 

regulate utility rate S. In State v. Gulf States Utilities Co., 189 S. W. 2d 

693 (Tex. 1945), the Texas Supreme Court found that a commissioners 

court did not have the power to grant a utility 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 of gas or water under Article 2372q. Sec. 3; Article 2352e. 

Sec. 3; and Article 2351, Sec. 20, V. T. C.S. 

p. 1760 
The 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 

to promulgate such codes. Limited codes can be found, however. Article 

6812c, V. T. C. S. 9 gives 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 and maintenahce of roads 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 of the Board (which shall not unreasonably 

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 15 of the Act authorizes the Certification Board to authorize local units of government to perform inspection 

and enforcement functions concerning tie-down standards. 

4. Can the commissioners court require door-to-door salesmen to be 

licensed and pay a fee? We can find no grant of such power to the court; 

therefore under the Constitution, the court Cannot act in this area. 

5. Can the commissioners court require registration and bonding of 

home builders? We can rind no authority 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 of home builders. It has 

limited powers t.o regulate mobile home tie-downs. 

Attorney General of Texas 
The Honorable Ogden Bass, page 3 (H-374) 

APPROVED: 

DAVID M. KENDALL, Chairman 

Opinion Committee 

p. 1762