R-167 

Hon. W. P. Herms, Jr. 

County Auditor 

Waller County 

Hempstead, Texas 

Opinion No. V-122 

Re: Authority of the 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 in June 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, I have kept 

detailed records on tha expenditure of each road, 

as such approximate allocations were set up by 

the Commissioners” Court. These allocations of 

amounts to be spent for each road, however, are 

not set up in the bond order, but merely recorded 

by Commissioners’ Court as a guide in expenditure of funds. 

“There are 19 road divisions; and, as stated 

above, I have kept a detailed ledger on the amounts 

spent for each road and what said amounts were 

spent for--this in addition to regular ledgers required. 

“The question has arisen as to: 

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

for keeping Road Diatrht No. 7 records 

;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 of me 

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 a population of 19,280 itiabitants according to the 1940 Ftderal Census and an assessed valuatieu tf 

$21,540,365.00 accordiq te thr 1946 OUX rolls. The county wditor 

of Wailer Counv is Ql~mp4n~ted aa a salary baris and him compensation io gorexated by A8Wiel~ 1645, V.C.S, (A&P 1941, 47th Legislature, page 1331, Chapter 601.) 

Article b651 provides: 

‘The auditor shall huvt a general eversight of 

all books aad rtmrdt of all the C@&MS(I of 9&r ceuuty, district Qr State, 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; and he shall ste to the atrict enfer@nment 

of the 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 of public 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 in addition to that which has been 

fixed by law for the performance .of the duties of his 

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 of kockdale, 246 S.W. 

654; Texas Juris., Vol. 34, p. 531.)” (Underscoring 

ours) 

We know of no provision in the statutes of this State providing for extra compensation for performance of the duties outlined in your request. The Commissioners’ Court is a Court of 

limited jurisdiction and has only such powers as are conferred upon 

it by the Constitution and statutes of this State by express terms or 

by implication. Von Rosenberg v. Lovett, 173 S. W. 508; Miller v. 

Brown, 216 S. W. 452; Howard v. Henderson County, 116 S. W. (2d) 

479; Galveston H. & S. A. Railway Company v. Uvalde County, 167 

S. W. (2d) 1084; 11 Tex. Jur. 564. 

We know of no provision in the 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 of those duties outlined in your request. 

It is, therefore, the opinion of this Department that the 

Commissioners’ Court of Waller 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. 7 records nor for keeping detailed records of the expenditures upon each raad of the county. 

Yours very truly, 

APPROVED ATTORNEYGENERALOF TEXAS 

p’: “4a& By 

AT%EY GENERAL 

OF TEXAS 

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