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## TntiArrom GENERAL

OP~XAS

Hon. Robert M. Allen OpinionNo. 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 lawwhich prohibits the running at large of stock and a petitionhas beeti presented to the commissioners'courtrequestingenforcement of this stock law. There is no pen available Inwhich 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 stockwhich may become known to him to be runnlng at large on any outside premiseswhere theprovisions of the stock law are in for,ce, and Impound the same in some place provided for that purpose, and lnune~dla'tely not,ifythe 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 .perday Rer head.'fOreach 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)

jurisdictionand has only such powers as are conferred upon it, either by express terms ,orby necessary lmplication. 'bvthe statutesand Constitutionof this State. Childress County v. State,127Tex. 

### 343, 92 S.W.2d 1011 A;p. ( 936)"' 141 Von 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.),'thecourt stated:

"Next in order is the insistence that the commissioners court 1swithout power under Arti 

### 61.0

to issuebonds to purchase a site or equipment for the courthouse ,and jail as sought to be donehere. The queBtlon a8 to the power to Issue bonds for site or equipment, as an indepehdentproposition, ls not Involved. The power to issue the ., bonds must be derived from'thestatute referred to, and itmust be,looked to in order to ascertainwhether the authority Is given. The rule of constructionas often declared by our SupremeCourt is: "'Whenevera power Is given by statute, everything necessary to make It effectual or reoulslte to attain the end Is implied. *Thegrant off'

an expresspower iarrles wlih'it, by necessary lmpllcation,evary other power necessary and p&per to the execution oc the 'powerexpressJy granted.' Terre11 S' k 104 Tex. 

### '191, 135 3.W. 519." (E&ha% :ided~.)
Itwill be noted that an expressduty Is placed upon the sheriff or constableof a oounty to,enforce the provisions of the livestock law and suoh law cannot be enforcedby enforcementofficersunless there Is Impliedpower to acquire land and build pens .thereonIn which 'toimpound 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 issuewarrants In paymentc-.
.

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

therefor. However, we would llfceto point out that the lease agreement should expresslyreserve 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 JOHNBHN SHEPPERD Attorney General :

Mary K. wall Reviewing i@sistant Robert S. Trotti First Assistant Assistant

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