AxlsTxN 11. TEXAS 

March 29, 1951 

Overruled by M-758 

Where Conflicts 

Eolx. M* c. Iedbstter Opinlan Ro. V-1162 

County Attoruey 

CochPan county 

Morton, Texas 

Re¶ 

Dear Sire 

Authority of the cmmiasitmera' COuPt to 

lease a portion of the 

land comprising cochrau 

county Airport to a 

local roping aud polo 

association. 

Your request for an opinion reads In part as 

follolis: 

'The Commtssioners" Court of Cochmm 

County, under the provisions of Article 

1269h of the Revised Civil Statutes, Acts 

1941, purchased the followlug described 

laud for the establishment, maintehance, 

and operation of a County Air Port: 

"All of Labor Rumber 23, Lsague Rumlmr 103, Jeff Davis County School Lands, 

h Cochran Couutg, Texas. 

"The air port was constructed and 

singe such time has been in operation and 

use'bs a public air port, maintained by. 

cocm county a As In most cases of public air ports the entire labor of land 

purchased for this purpose Is not necesaary for tins operation of the same. This 

being ths case, ths Cchmlsslonerse Court deaires to lease or permit the use of a portion of said land, being appmxfmatelg 360 

feet by 150 feet, riear a corner of said 

$F;t to a local roping and polo asaooiaThe Associatlou proposes to We 

this'plot of land for the purpose of erecting pens, an arena, au& light poles, and 

equipping the same far rodeo purposes. The 

Association will finance the cost of coustructiou of this rodeo areha ahd other 

necessary imps-ovements in question thsPe= 

with, and said improvements will mpernein 
Ron. Ma Co Ledbetter, page 2 (V-1.162) 

the property of the Association. It is 

anticipated that admissicn charges will 

be collected by the Association to defray 

the expenses of the rodeos and other entertainments conducted by it o 

“The question submitted~ involves the 

authority of the Commissionerse Court under Article 1269h - D & E as amended by 

the Fiftieth Legislature of 1947 to permit 

the use of this land acquired for air port 

purposes, and now being ured as such, for 

the purposes of staging rodeos by an Association and admission fees to be charged 

by said Associat.ion,” 

The decisions of the Texas courts have repeatedly held that the commissioners” court is a court of 

limited jurisdiction and has only such powers as are conferred upon it, either by express terms or by necessary 

implication, by the statutes and Constitution of this 

State. Childress Count v, St&, 127 Tex, 343, 92 S,W. 

2d 1011 1935 V 

(Tex.Civ!App.)iglE errcr rLL’& 

Rose*Fy;Hb’;;;t;t ;~;IS.;805;8W, 

289 (Tex,Civ.App. 1925) ; $.rt v 2351, V,C.S.; Ii. Tex. ;I&. 

632, Counties, Set, 95. 

The only authority for the commissicnersR 

court of a county of this State to lease or sel.1 land 

acquired by the county for the purpose of maintaining 

and operating an airpcrt is contained in subdivisions D 

and E of Section 1, P.rticIe 1259h, V,C.S., as amended by 

House Bill 688, Acts 50th Le,ri,, 1947, ch. 273, pa 473, 

which provide% 

“D. In addition to the power herein 

granted the Ccmmissioners Courts of the 

several counties of this State are hereby 

authorized to lease an:: airport.~ that has 

been or may be acquired by t,he county, as 

herein provided, to any incorporated city 

or municipality within such county, or to 

the Federal Government, or to any other 

person, firm or corporation for the purpose 

of maintaining and operat,ing an airport; 

and providing further that any incorporated 

city having acquired lrn4 for an airport, 

or an airport, under tbc authority of this 

Act shall hove the ri,?hL, to l~ease said land 

or airport :;G the cccnty in which such incorporated city ia locztcd,., 
Hon. M. C. Ledbetter, page 3 (v-1152) 

“E. In addition to the power which 

It m3y now have, the Commissioners Court 

of any county or the governing body of any 

incorporated city in this State, shall have 

the power to sell., convey or lease all or 

part of any airport or property connected 

therewith, heretofore established or that 

may be hereafter established: also any land 

which has been or may be acquired under the 

provisions of this Act, to the United States 

of America for any purpose necessary for 

National Defense, or for air mall purposes 

or any other public purpose; or to the State 

of Texas or any branch of the State Government which may be authorized to own or operate airports, and to any person, firm or 

corporation. The Commissioners Court and 

governing body of any Incorporated ci%y 

shall promulgate rul.es and regulations for 

the use of any such airports. 

A,lthough subdivision E does not expres.sly state 

that a sale or leaze of a portion of airport property to 

a person, firm, or corpnration must be for some purpose 

connected with the maintenance and operation of an airport, we think th1.s restriction Is necescarily implied. 

The last sentonco ot’ this subdivisin, which states that 

“the Commissioners Court and governing body of any incorporated city shall promulgate rules and regulations 

for the use of any such airports,” shcws that the property is still to be used as an airport after its sa1.e or 

lease. Sales or lcaeee to the United States are restrlcted to “any purpose neccnsary for National Defel;fse, or for 

air mail purposes cr any other public purpose0 We think 

this language contemplates uses by the Federal Government 

which are connnected with the maintenance of airport fa- 

‘cilities. Likewise, the provision for sale or lease to 

the State of Texas or any branch of the State Government 

“which may be authorized. to own or operate airports“ indicates that the property shall continue to be used for 

airport purposes. It might be contended that the omission of. words of restriction in regard to a sale or lease 

to a psrson, firm, or corporation negates an intention on 

the part of the Legislature to Impose any limitation on 

the uses to which the property was to be put. However, 

In the light of its other provisions and the legislative 

history of this statute, we think It is more reasonable 

to conclude that the Legislature Intended to impose similar restrictions on the uses to be made of the property 

by Individuals, firms , and corljorations e 
Hon. I& C. Ledbetter, page 4 (V-1162) 

Prior to 1947, this statute authorlzed cities, 

but not counties, to sell or lease all or any portion of 

their airports to the Federal Government, to the State 

Government, or to a person, firm, or corporation for certain purposes which, we think, were clearly ix&tended to 

relate to the maintenance and operation of an airport. 

Thr, purpose of the 194: amendment, as stated In the caption and as borne out by the emergency clause, was to 

authorize commlss,ioners~ courts to lease or sell alrports to any persN, f"Mzi, or corporation. There was 

30 intention to change the provIsiona of the existing 

law with respect to the power of cities to sell or lease 

to-individuals, firms, or corporations, so as to remove 

the restriction that the property continue to be devoted to some use connected with the operation of an 

airport. The purpose of the amendment was merely to 

place cou&ties in the same status as cities in regard 

to their pcwer to sell or lease airport property. 

It Is our ccncl~usion that the commissioners' 

court Is ai:!tho?fzed ~to Ieti,se land acquired for airport 

purposes on3y for 8oine use which is connected with the 

maintenance anti nper;l tl on ,of 3'n airport jl Therefore, we 

are of the opinion ihb.T the Cormnissioners~ Court of 

Co&ran County ctini~irr. i.ea,se a~ portion of the Land comprising the Cochlrsn County Ailzport to a roping and polo 

association f oI* i*cdao purposes a 

The eomnlssSoneiPsi court cannot lease 

a po&.fon oft land comprLsing the county airport to a roping and polo association for 

rode 0 purposes o Art,. .t269h, Sub&. D and E, 

yis.,; ~;l~oug$y& Stated 127 Tex. 

APPROVED% 

J. C. Davis, Jr* 

CoLlntg Affairs Dkvision 

Jesse Pa Luiuton, Jr, 

Revlewlng AEisista~t 

Charles D, Mathews 

First Assistant 

JRSmw 

Yours very truly, 

PRIC'E DANIEL 

Attorney General 

?,,.J & -:, By ;:a ,~ -'zl': 

,::" John Reeves 

Assistant