R-167

Hon. W. P. Herms, Jr. County Auditor Waller County Hempstead, Texas Opinion No. V-122

Re: Authority ofthe Commissioners’ Court to allow the County Auditor extra Cornpensation for keeping certain records relative to road and bridge expenditures under the facts submitted.

Dear Sir:

Your request for an opinion from this Department on the above subject matter is as follows:

“Road District No. 7, Waller County, Texas voted a $500,000 bond issue for road purposes, bonds were sold December 1945, contract for road construction was let inJune 1946, and expenditure of said funds has proceeded since that date.

“In addition to the regular ledgers and records kept by me, as County Auditor, at the request of the Commissioners’ Court, Ihave kept detailed records on tha expenditure ofeach road,
as such approximate allocations were set upby the Commissioners” Court. These allocations of amounts tobe spent for each road, however, are not set up in the bond order, but merely recorded by Commissioners’ Court as a guide inexpenditure offunds.
“There are 19road divisions; and, as stated above, Ihave kept adetailed ledger on the amounts spent for each road andwhat said amounts were spent for--this inaddition to regular ledgers required.
“The question has arisen as to:

‘1. Whether Commissioners’ Court has authority to allow me extra compensationHen. W, P. Hsrmr, Jr. - Page 2 Opinion No. V-122

for keeping Road Diatrht No. 7records ;h$“g z;;&A$r. (Art.

“2. Whether Cammissioners’ Court has authority tc allow me *mpensatben for extra ledger* and reeotig wbS& #hey desire, but which record6 art a4 reguirod ofme as Auditor. --r

“1 &all appreciate yaur epinisn as to whether I am authorized to approve warrant8 for compmsation emanating from either of tbe above two scrviocs.”
Wallcr County has apopulation of 19,280 itiabitants according to the 1940 Ftderal Census and an assessed valuatieu tf $21,540,365.00 accordiq te thr 1946 OUXrolls. The county wditor of Wailer Counv is Ql~mp4n~ted aa a salary baris and himcompensation io gorexated **by**A8Wiel~ 1645, V.C.S, (A&P 1941, 47th Legislature, page 1331, Chapter 601.)

Article b651provides:

‘The auditor shall huvt a general eversight of all books 

### aad**rtmrdt** ofall the C@&MS(I of9&rceuuty, district 

### QrState, whe **m4y** bt a*Ylo*izd or he- @red by law to receive ot coilcCt asy money, Sands, fees or ether property for the use of, er belonging to, t&e county; andhe shall 

## steto the atrict enfer@nment ofthe 

### Iaw geverning county finances.”
Article 1656 prevides:

We quote the fallowing from our Qpirion No. O-3801:L -

Hon. W. P. Herms, Jr. - Page 3 Opinion No. V-122

“The compensation ofpublic officers is fixed by the Constitution and statutes. An officer may not claim or receive any money without a law authorizing him to do so, and clearly fixing the amount to which he is entitled. An officer is not entitled to any compensation inaddition to that which has been fixed by law for the performance .ofthe duties ofhis office, even though the compensation so fixed is unreasonable or inadequate. He may be required by law to perform specific services or discharge additional duties for which no compensation is provided. The obligation to perform such services is imposed
as an incident to the office and the officer by his acceptance t?Iereof is deemed to have engaged to perform them without compensation. Terre11 v. King, 14

. . ) 786; McCalla v. City ofkockdale, 246 S.W. 654; Texas Juris., Vol. 34, p. 531.)” (Underscoring ours)

We know of no provision inthe statutes ofthis State providing for extra compensation for performance ofthe duties outlined inyour request. The Commissioners’ Court is a Court of limited jurisdiction and has only such powers as are conferred upon itby the Constitution and statutes ofthis State by express terms or by implication. Von Rosenberg v. Lovett, 173S. W. 508; Miller v. Brown, 216S. W. 452; Howard v. Henderson County, 

### 116S. W. (2d) 479; Galveston H. &S. A. Railway Company v. Uvalde County, 167 S. W. (2d) 1084; 11Tex. Jur. 564.

We know of noprovision inthe Constitution or statutes of this State which confers upon the Commissioners’ Court the power to expend county funds for the purpose of granting extra compensation to the County Auditor for the performance ofthose duties outlined inyour request.

Itis, therefore, the opinion of this Department that the Commissioners’ Court ofWaller County is not authorized to allow extra compensation to the County Auditor under the facts submitted. SUMMARY

The Commissioners’ Court of Waller County is not authorized to allow extra compensation to the County Auditor for keeping Road District No. 7records nor for keeping detailed records ofthe expenditures upon each raad ofthe county. Yours very truly, APPROVED ATTORNEYGENERALOF TEXAS

p’: “4a& By
AT%EY GENERAL OF TEXAS JR:djm: sl