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 DlsDear Sir: trlct. 

You have stated In part: 

"It has been customary for the Ciminal 

Dlstrlct Attorney of Harris County to prosecute a certalh limited number of civil proceedlngs, slicfi as condemnation cases for 

right of.way for State and, County roads on 

request of the Commlssloners':Cb~t. They 

now request to know whether ~'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 several District and 

County Courts. I am lnformed'there la a 

substantial volume of this work." 

After stating tie above" facts you propound 

the following three questlone for answer by this office. 

* (1) Does the,law Impose tipoh the crlmlnal dlstrlct attorney of~,Harrls County any 'duty to represent it 

in civil litigation generally other ~than to 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 duties with 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 attorney devolved 

upon the criminal district attorney of the district, 

which Includes civil actions and matters Incident to and 

contemplated by the Constitution and statutes of Texas. 

Tex. Const.,Art. V, Sec. 21; Art. 52-43, V.C.C.P.~ 

The predominant purpose of the Constltutlon,ln 

creating the offices of district attorney and county attorney was to make It the primary function of these officers to prosecute criminal cases, as stated-by the 

Supreme Co&t In the case of Brady-v. Brooks, 99 Tex. 

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

The Harris County Flood Control District was 

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-Collector of Taxes, and the County Treasurer 

were required to perform all the duties In connection 

with the Flood Control District required of them by law 

In connection with official matters for Harris County, 

and the County Auditor was made the Auditor for the 

Harris County Flood Control District. 

While the Harris County, Flood Control District 

Is under the commissioners court for administrative 

purposes, none of 'the debts or expenses of operation 

Is to be paid out of county funds. And this would be 

true of the fee or expenses of an attorney employed to 

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 'such as 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. Willlam H. Scott, page 3 (S-031 

Control.Dlstrlct ln civil cases. Harris 

County Is not authorized to pay attorneys 

for the Harrla 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 

~Attorney General 

* 

Bya.- 

B. Duncan Davis 

Assistant 

BpD: am