. - 

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 a program of 

legal services to the 

indigent. 

Dear Mr. Eads: 

You ask if the Commissioners Court of Bell County has 

authority to provide the service of a county employee to 

refer indigents to Bell 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 Bar Association and have been submitted to the Commissioners Court for approval. 

County commissioners courts have only such powers 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 to arise 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. 3756 
The Honorable Arthur C. Eads - page 2 (H-892) 

We believe that the legal aid arrangement for assisting 

indigents as proposed to the Bell County Commissioners Court 

is dependent on the interpretation of section 11 of article 

,2351, V.T.C.S., which provides for the "support of paupers." 

In an early court decision involving a suit for medical 

expenses, Monghon S, Sisson v. Van Zandt County, 3 White & 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 a house to stay in." See 

Attorney General Opinion C-293 (1964). A more recent decision 

defined support as 

a very flexible term . . . [which] includes 

more than the bare necessities .zgygg!z--- 

o . . . . Lumbermen's Reciprocal Ass'n 

v. Warner, 245 S.W. 664, 665-6 (Tex. Comm'n 

Fp. 1922, jdgmt adopted). (Emphasis added). 

Attorney General Opinion O-2474 (1940) emphasized the humanitarian goals of the statute and held that it authorized the 

Commissioners Court of Montague County to pay $3.50 per 

month per resident indigent in order to facilitate the 

purchase of textiles from which garments would be made for 

distribution to poor 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 

to provide funds for participation in a federal employment 

and job training project to benefit the poor. 

We believe, therefore, that it probably would be held to 

be within the power and discretion of,the Bell County Commissioners Court to pay 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 in order 

to aid the county poor, and since the limited service you 

offer in connection with this legal aid program is as 

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 to administer a program 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 

(34&l!LAJ 

C. ROBERT HEATH, Chairman 

Opinion Committee 

jwb 

P. 3758