Honorable R. F. Robinson

CountyAttorney Willacy County RaymordVllle, Texas Dear Sir: OpFnionNo. O-6654 Re: Authority of Commissioners’ CMi.rt under general road law to purchase pick-up trucks, dumptrucks or passenger vehicles for use of county commisstoners In supplying materials for county road grading machinery. Wehave received your recent request for an opinion, quotea as follows:

“The Commissioners of this County are finding it difficult to secure the servfces of a capable manto perform road work with the necessary machinery an8 equipment, wlthout provlaing a dumptruck or pick-up truck Inwhich to carry necessary supplies to maintainers, and trucks + Dueto the scarcity of tires andvehicles, it is next to Impossible to find a capable manto handle the malntenante of the roads whois in position to supply a passenger car or pick-up in wh!.chto carry oil, gasoline and other supplies to the malntalners a

“Will you kindly ad&e mewhether or not, in your opinion, County Commissioners have the right, under the direction of the Commissioners t Court to purchase with County funds, pick-up trucks or c¶ump

trucks OP passenger vehicles to be used by the County Commissioners OPthefr employees for the purpose of supplying materials for County road graalng machinery. Thepopulation of Wlllacg County is 13,230 Inhabitants according to the 1940Federal Census.

After a careful search of the statutes weare unable to find any special statute, or road law, under which WlllacyHonorable R. F. Robinson, page 2 o-6654

County operates, therefore, to Wlllacy County. the general road law fs applicable

Commissioners' Courts are courts of limited jurisdlction, in that their authority extends only to matters pertalning to the general welfare of thefr respective counties, and their powers are only those expressly OF lmplledlg conferred upon~themby the Constitution'and statutes of the State. Also, Commissioners1 Courts have Implied authority to do what my be necessary in the exercise of the duties or'powers conferred. upon them. See Tex. Jur., Vol. 11, pps. 565-566,

Article 2351, Revised Civfl Statutes of Texas, 1925, provides, amongother things, that the Commissioners! Court shall:

“3

. Layout and.establish, change ana aiscontinue public roads and highways,

“4. Build bridges and keep themin repair. 11 00

. e

“6 o Exercise general control over all roads, highways, ferrres ana bridges in theilr counties .,‘I Article 6741, Revised Clvll Statutes of Texas, 1925, provides as follows:

"The commissioners court maymakeand enforce all reasonable and necessary rules and orders for the working andrepafring of publfc roads, andto utilize the labor to be usea andmoneyexpended thereon, not In conflict wfth the laws of this State. Said court maypurchase OP hfre all necessary road machinery, tools OPteams, and hire such labor as maybe needed fn additfon to the labor requfred of cftlzens to build or repafr the roads." Wedeemit a reasonable assumption that the transporting of oil, gasoline, and ot,her supplies to the road malntenante machinery Fsa vital and necessary function in the establishment andmafntenance of a county's 7-oaa system. AlSO, the hauling of rock, sand, gravel, and other necessary materials would be equally as necessary a function andduty in the establishment andmaintenance of such road system. Webelfeve that a pick-up truck and a dumptruck would each have auseful andnecessary part to play in the discharge of the nextHonorable R. F. Robinson, page 3 O-6654

above mentioned duties, but wedo not believe that a passenger vehicle is, by Its out. very nature, suited to the needs herein set

Therefore, it is the opinion of this department that the Commissioners' Court of Wlllacy County has the authority to purchase out of the RoadandBridge Fundof the county pick-up trucks ana dumptrucks to be used for the purpose of supplying materials for the road grading machinery of the County. Onthe other hand, wedo not believe such court has the authority to purchase passenger vehicles to be used by the County Commissioners, OP their employees, for the purposes outlined by you.

Wetrust the forgoing fully answers your question. Yours very truly, ATTORNEY

GENERAL

OFT'E73S
Bys/Robert L. Lattimore, Jr. Robert L. Lattlmore, Jr.

Assistant RLL:LJ:wc
APPROVRG

JUN25, 1945 s/Carlos C. Ashley FIRSTASSISTANT ATTORRRYGRNRRAL Approved Opinion Committee By s/BwBChairman