001 

TntiArrom GENERAL 

OP~XAS 

Hon. Robert M. Allen Opinion No. S-01 

County Attorney 

Rusk county Re: Authority of a county to 

Henderson, Texas leas'e real property and 

erect a pen to impound 

livestock taken by the 

sheriff or constable in 

Dear Sir: enforcing the stock law. 

Your request for an opinion of this office 

relates to the stock,law of Rusk County. A numer of 

years ago Rusk County voted a stock law which prohibits 

the running at large of stock and a petition has beeti 

presented to the commissioners' court requestingenforcement of this stock law. There is no pen available 

In which to impound animals found to be running at 

large and the question presented !Ls "Can the Auditor 

sign warrants for the lease of ground and building of 

a pen to impound livestock, including, cattle, horses 

and mules?" 

Article 6965, V.C.S., provides: 

"It shall be the 'duty bf any sheriff or 

constable of any county, or subdivision 

thereof; within this State, where the provlslons of this chapter are or may hereafter 

become operative, to seize any stock which 

may become known to him to be runnlng at 

large on any outside premises where the provisions of the stock law are in for,ce, and 

Impound the same in some place provided for 

that purpose, and lnune~dla'tely not,ify the 

owner thereof, if such owner Is known to 

such officer, who may redeem the same on " 

the payment of an impounding fee of one 

dollar per head, and an additional fee of 

twenty-five cents .per day Rer head.'fOr each 

day such stock Is so kept. 

The decisions of the Texas courts have repeatedly held that the cgmmlssloners' court is a court of limited 
. . 

Hon. Robert M Allen, page 2 (S-01) 

jurisdiction and has only such powers as are conferred 

upon it, either by express terms ,or by necessary lmplication. 'bv the statutes and Constitution of this State. 

Childress County v. State,127 Tex. 343, 92 S.W.2d 1011 

A;p. ( 936)"' 141Von R 

(Tex.Civ5ipEy 

,173 . Hall, S.W. 280 508 S.W. (TBx.Clv. 289 

In Moon v. Allred, 277 S.W. 787 (Tex.Clv.Apb. 

'1925, error d-lam.), 'the court stated: 

"Next in order is the insistence that 

the commissioners court 1s without power 

under Arti 61.0 to issue bonds to purchase a 

site or equipment for the courthouse ,and 

jail as sought to be done here. The queBtlon a8 to the power to Issue bonds for site 

or equipment, as an indepehdent proposition, 

ls not Involved. The power to issue the ., 

bonds must be derived from'the statute 

referred to, and it must be,looked to in 

order to ascertain whether the authority Is 

given. The rule of construction as often 

declared by our Supreme Court is: 

"'Whenever a power Is given by statute, 

everything necessary to make It effectual 

or reoulslte to attain the end Is implied. 

*The grant off' an express power iarrles 

wlih'it, by necessary lmpllcation, evary 

other power necessary and p&per to the 

execution oc the 'power expressJy granted.' 

Terre11 S' k 104 Tex. '191, 135 3.W. 

519." (E&ha% :ided~.) 

It will be noted that an express duty Is placed 

upon the sheriff or constable of a oounty to, enforce 

the provisions of the livestock law and suoh law cannot 

be enforced by enforcement officers unless there Is 

Implied power to acquire land and build pens .thereon In 

which 'to impound livestook found to be:runnlngat 

large. 

You are therefore advised that Article 6965 

authorizes the leasing, of land and.the bulldlng of pens 

thereon necessary to Impound livestock, and that the 

County Auditor has authority to issue warrants In payment 
c-. . 

Hon. Robert M. Allen, page 3 (S-01) 

therefor. However, we would llfce to point out that 

the lease agreement should expressly reserve to the 

county the right to remove the pen upon termination 

of the lease. 

SUMMARY 

Article 6965, V.C.S., authorizes the 

leasing of land and the building of pens 

thereon necessary to impound livestock in 

the enforcement of the stock law and the 

County A~uditor has authority to issue 

warrants in payment therefor. 

Yours very truly, 

APPROVED: 

J. C. Davis, Jr. 

County Affairs Division 

JOHN BHN SHEPPERD 

Attorney General 

: 

Mary K. wall 

Reviewing i@sistant 

Robert S. Trotti 

First Assistant 

Assistant 

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