Hon. William H. Scott Onlnlon No. S-03 Criminal District Attorney - Harris County Houston 2, Texas '~ Re: Duty pf Criminal District Attorney of Harris County generally In civil matters and to represent Harris County Flood Control Dlstrlct. Dear Sir:
You have stated In part:

"Ithas been customary for the Ciminal Dlstrlct Attorney of Harris County to prosecute a certalh limitednumber of civil proceedlngs, slicfi

as condemnationcases for right of.way for State and, County roads on request of the Commlssloners':Cb~t. They now request to knowwhether~'or not my office will assume general,r,epres'entatlon of Harris County Flood ContrbA District In all legal matters, lncludlngall.~ults~by or against It, In the severalDistrict and County Courts. I am lnformed'therela a substantial volume of thiswork." After stating tie above"facts you propound the following three questlone for answer by this office.

* (1)Does the,law Impose tipohthe crlmlnal dlstrlct attorney of~,Harrls County any 'dutyto represent it in civil litigation generally other~thanto render opinions and give advice for the guidance of officers as-provided In Article 

## 334,

R.S., 1925? (2)Does the law impose upon the criminal district attorney of Harris County any dutieswith respect to rgpresentatlon of Harris Count? Flood Control District In prosecuting and defending Its litigation? 

## assistants{3)

Would the use of county funds to pay my salaries and expenses to represent the Harris County Flood Control District constitute an Illegal use of county funds?- .

Hon. William H. Scott, page 2 (S-03)

In the creation of the office of Criminal Dlstrlct Attorney, all the duties of county attorneydevolved upon the criminaldistrict attorney of the district, which Includes civilactions and matters Incident to and contemplatedby the Constitution and statutesof Texas. Tex. Const.,Art.V, Sec. 21; Art. 52-43,V.C.C.P.~

The predominantpurpose of the Constltutlon,ln creating the offices of district attorney and county attorneywas to make It the primary functionof these officers to prosecutecriminal cases, as stated-by the Supreme Co&t In the case of Brady-v. Brooks, 99Tex. 

## 366,89 S.W. 1052 (1905).

The Harris County Flood ControlDistrictwas created by Chapter

## 360 Acts 45th Legislature,Regular Session, 1937, page

## 714.

Among other things It was provided in the above act that the County Judge,the County Commissioners,the Assessor-Collectorof Taxes, and the County Treasurer were required to perform all the duties In connection with the Flood ControlDistrict required of themby law In connectionwith official matters forHarris County, and the County Auditorwas made the Auditor for the Harris County Flood Control District.

While theHarris County, Flood ControlDistrict Is under the commissionerscourt for administrative purposes, none of 'the debts or expenses of operation Is to be paid out of county funds. And thiswould be true of the fee or expenses of an attorney employedto represent the Dlstrlct. Harris Couzity Flood Control Dlst. v. Mann, 135 Texi 239; 140 S.W.2d 1098. (194Or.
SUMMAFCY The lar dgee not Impose upon the criminal district attorney of Harris County any duty to represent the county generally In civil matters, other than to render opinions and give advice to county and preclfict officers, except 'suchas Is required by statute In certain cases. The law Imposes no duty upon the Criminal District Attorney of Harris County to represent the Harris County Flood. , .

Hon. WilllamH. Scott, 

### page 3 (S-031

Control.Dlstrlct ln civil cases. Harris County Is not authorized to pay attorneys for theHarrla County Flood Control Dlstrlct. APPRQVED:
J. C. Davis, Jr. County Affairs Divlsloh Willis E. Gresham Reviewer Robert S. Trotti First Assistant Yours very truly,
JOHNBENSHEPPERD ~AttorneyGeneral

* Bya.- B. Duncan Davis Assistant BpD:am