Honorable R. F. Robinson 

County Attorney 

Willacy County 

RaymordVllle, Texas 

Dear Sir: OpFnion No. O-6654 

Re: Authority of Commissioners’ CMi.rt 

under general road law to purchase 

pick-up trucks, dump trucks or 

passenger vehicles for use of county 

commisstoners In supplying materials 

for county road grading machinery. 

We have 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 man to perform road work with 

the necessary machinery an8 equipment, wlthout provlaing a dump truck or pick-up truck 

In which to carry necessary supplies to maintainers, and trucks + Due to the scarcity of 

tires and vehicles, it is next to Impossible 

to find a capable man to handle the malntenante of the roads who is in position to supply 

a passenger car or pick-up in wh!.ch to carry 

oil, gasoline and other supplies to the malntalners a 

“Will you kindly ad&e me whether 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 OP thefr 

employees for the purpose of supplying materials 

for County road graalng machinery. 

The population of Wlllacg County is 13,230 Inhabitants 

according to the 1940 Federal Census. 

After a careful search of the statutes we are unable 

to find any special statute, or road law, under which Wlllacy 
Honorable 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~them by 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, among other things, that the Commissioners! Court 

shall: 

“3 . Lay out and. establish, change ana aiscontinue public roads and highways, 

“4. Build bridges and keep them in repair. 

11 0 0 . 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 may make and enforce 

all reasonable and necessary rules and orders for 

the working and repafring of publfc roads, and to 

utilize the labor to be usea and money expended 

thereon, not In conflict wfth the laws of this State. 

Said court may purchase OP hfre all necessary road 

machinery, tools OP teams, and hire such labor as 

may be needed fn additfon to the labor requfred of 

cftlzens to build or repafr the roads." 

We deem it a reasonable assumption that the transporting of oil, gasoline, and ot,her supplies to the road malntenante machinery Fs a vital and necessary function in the establishment and mafntenance 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 and duty in the 

establishment and maintenance of such road system. We belfeve 

that a pick-up truck and a dump truck would each have a useful and necessary part to play in the discharge of the next 
Honorable R. F. Robinson, page 3 O-6654 

above mentioned duties, but we do 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 Road and Bridge Fund of the county 

pick-up trucks ana dump trucks to be used for the purpose of 

supplying materials for the road grading machinery of the 

County. On the other hand, we do 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. 

We trust the forgoing fully answers your question. 

Yours very truly, 

ATTORNEY GENERAL OF T'E73S 

By s/Robert L. Lattimore, Jr. 

Robert L. Lattlmore, Jr. 

Assistant 

RLL:LJ:wc 

APPROVRG JUN 25, 1945 

s/Carlos C. Ashley 

FIRST ASSISTANT 

ATTORRRYGRNRRAL 

Approved Opinion Committee By s/BwB Chairman