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The Honorable Arthur C. Eads

County Attorney Bell County P. 0. BOX 474 Belton, Texas 76513 Opinion No. H-892 Re: Legality of a county paying a secretary to administer aprogram of legal services to the indigent. Dear Mr. Eads: You ask if the Commissioners Court of Bell County has authority toprovide the service of a county employee to refer indigents toBell County attorneys who agree voluntarily to represent and counsel the indigent individuals without charging any fee for such services. You further advise that the guidelines for this program were prepared by the Bell County BarAssociation and have been submitted to the Commissioners Court for approval. County commissioners courts have only suchpowers as are given by the Constitution or statutes, Canales v. Laughlin, 214 S.W.2d 451 (Tex.Sup. 1948), or as are found byiiecessary implication toarise from such express powers. Anderson v Wood, 152 S.W.2d 1084 (Tex.Sup. 1941). 2 Article 2351,V.T.C.S., provides: Each commissioners court shall:

11. and . are unable to support themselves. (Emphasis added),.

P. 3756The Honorable Arthur C. Eads -page 2 (H-892)

We believe that the legal aid arrangement for assisting indigents asproposed to theBell County Commissioners Court isdependent on the interpretation of section 11of article ,2351,V.T.C.S., which provides for the "support of paupers." In an early court decision involving a suit formedical expenses, Monghon S,Sisson v.Van Zandt County, 3White &W. -- 240, 242 (Tex.Ct. App. 18861, the court held that providing for the support of paupers meant "more than supplying them with food and clothing and ahouse to stay in." See Attorney General Opinion C-293 (1964). Amore recent decision defined support as

avery flexible term . . . [which] includes

more than thebare necessities .zgygg!z---

. . . .Lumbermen's Reciprocal Ass'n o v. Warner, 245 S.W. 664, 665-6 (Tex.Comm'n Fp. 1922, jdgmt adopted). (Emphasisadded). Attorney General Opinion O-2474 (1940)emphasized the humanitarian goals of the statute and held that itauthorized the Commissioners Court of Montague County topay $3.50per month per resident indigent inorder to facilitate the purchase of textiles fromwhich garments would bemade for distribution topoor and indigent families. And finally, Attorney General Opinion M-605 (1970)held that the Commissioners Court of Harris County had the implicit authority under the "support" provisions of section 11, article 2351 toprovide funds forparticipation ina federal employment and job training project tobenefit thepoor. We believe, therefore, that itprobably would be held to bewithin the power and discretion of,the Bell County Commissioners Court topay a secretary to administer the referral of indigents to local attorneys who will in turn render services to the indigents without charge. Since court decisions and attorney general opinions have so construed the "support of paupers" provision of,article 2351 inorder to aid the county poor, and since the limited service you offer in connection with this legal aid program isas important as other services previously classified as support, we answer your question in the affirmative.

P. 3757,. :

The Honorable Arthur C. Eads -page 3 (H-892)

SUMMARY The Commissioners Court of Bell County may, in their discretion, authorize payment of a secretary toadminister aprogram of legal services to indigent residents of the county under section 11 of article 2351,V.T.C.S. -Very truly yours,

Attorney General of Texas APPROVED:

DAVID M.XENDALL, First Assistant 

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C. ROBERT HEATH, Chairman Opinion Committee jwb

P. 3758