### OF AS

September 11, 

### 1951

Hon. D. Richard Voges Opinion No. V-1278 County Attorney Wilson county Be: Authority of Wilson Bloresville, Texas ,County to issue bonds to construct abuilding to house the County

Dear Mr. Voges:

1~ Agents, the C.ountygome Demonstration Agent, the Production Marketing Administratisn office and the like. Your request for an opinion relates to the authority of a county of less than 20,000 population to co$struct abuilding to be used by the County Agent, the County HomeDemonstration Agent, t,heSoil Congervation Office, and the Production andMarketing Atiinistration by the issuance of county~wide bonds. If bonds maybe issued for such a purpose, you also wish to know if apetition is required andwhat is the maximumtax rate that the county mayfix in order to retire the bona issue.

Webelieve the question yoti resent is answered byAtt’y Gen. OpO-7036 

### (19467, wherein it was stated:

“The courts of thia State have repeatedly held that acounty oanhot issue bonds unless such power is expressly conferred by law. such is the established doctriqe in this State, and has been from an early time. It was affirms&in the original appeal from San Patric v. YcCl@ne, 44 Tex. 392, ana re terated in l0County Robison.v. Breedlove, 61 Tex. 3,6; also in Lasater v. Lopez, 217 S.W. 373, 110 Tex. 

### 179." 1) 0
.e

“Wehave failed to find a statute in this State expressly authorizing acounty. ‘

. 

### Hon.D. Richard Voges, page 2 

### (V-1278)

to colfstruct the type building mentioned in yoqr request. Therefqre, it is the opiniqn of this Departmeqt, based on the foregding decisions of the courts of this State; that acounty 606s not have the autholrity to issue

. . . bonds for the purpose of constructing anagricultural building in which to house the oounty agent and the A.A.A. off$ces.* Article 2370(a), V.C,S. (H,B. 382, Acts 51st Leg. 1949, ch. 60, p. loo), authorizes.the issuance of.negotiable bonds .for the purchase, construction, or otherwise acquiring of additional office space if the courthouse is not adequate to properly house all county offices. Weneed not aetide whether any or all of the offices namedby you are “county offices” within the meaning of this statute; since it expired by its ownterms on Sept. 1, 1951, at the latest.

You also ask whether these offices could be considered experiment stations so as to authorize the county to issue~bonas under the authority granted byArtiale 163a, Y.C.S. The definition of an experiment station is a station established “for the purpose of making experiments and conducting investigations in the planting and growing of agricultural and horticultural crops and soils, and the breeding, feeding and fattening of livestock for slaughter.” Att’y Oan.Op. 

### o-7483(1946).Wedonot believe that @building for any of the namedoffices can qualify as an “experiment stationR under this definition; therefore, Article 163a, V.C.S., has no application. This office, fJllowiug the decisions of the courts ha&repeatedly held that:,,the commissioners* court is a court of limited jurisdiction and has only such powers as are conferred upon it, whether by express teds or by necessary implication by the statutes and-Constitution of this State. Childress County V. State; 127 Tex. 343, 92S.W. ?a, loll .(1936) V 173S.W. 

### 508(Tex. Civ. Apb.-&5

. Hall, 280 S.W. 

### 289(Tex. civ. / App. 1925); 11 032, Counties Sec. 

### 95,20C. J.S. 1006, Counties, SiE. 

### 174..’

. Hon. 

### RichardD. Voges, page 3 (V-1278)

In view of the foregoing, it is our opinion that Wilson County is not authorized to issue bonds to construct buildings for the County Agent, County HomeDemonstrtition Agent, the Soil Conservation Office andthe Productioq and Marketing Administration.

There is no authority for Wilson County to construot abuilding by the issuance of bonds for the purpose of housing the County Agent, the County HomeDemonstration Agent, the Soil Conservation Office, and the Proauction andMarketing Administration. APPROVED: J. C. Davis, Jr, County Affairs Division Jesse P. Luton, Jr. Reviewing Assistant Everett Hutchinson Executive Assistant BW:awo Yours very truly PRICEDANIEL Attorney General

ByGa Burnell Waldrep Assistant