. ,. 

R-552 

AXJHTIN 11. .,kXAB 

PRICE DANIEL 

ATTORNEY GENERAL 

June 16, 1947 

Honorable I. Predecki 

County Auditor 

Galveston County 

Galveston, Texas 

Opinion No. V-256 

Be: Authority of Commissioners’ Court to purchase office rurniture 

for a county commissioner’s office to be 

located in his precinct. 

Dear Sir: 

We refer to your 

knowledged by the Attorney 

which reads in substance: 

letter of recent date acGeneral on June 5, 1947, 

The Commissionera*~ Court recently 

passed an order authorizing the purchase 

of desks, tables and seven chaira at an 

estimated cost of $546.00. 

This office furnltnre is to be 

used by the county commissioner of the 

4th precinct which comprises the mainland of Galveston County, and extends 

to the Harris and Brazoria County lines, 

and is to be used by such commissioner 

in a building located at Dickinson, Galveston County, twenty miles from the 

county seat. 

Office space for the county commissioners was assigned. some years ago 

in the county court for their use. 

Your opinion Is requested as to 

the legality of the exoenditures above 

set out. 

Article 2348, V. C. S., provides: 

"The regular terms of the commfssioners court shall be commenced and be held at 

the court house on the second Monday of eaoh 
Honorable I. Predecki - Page 2 

month throughout the year and may continue 

in session one week; provided the court need 

not hold more than one session each querter 

if the business of the court does not demand 

a session. Any session may adjourn at any 

time the business of the court is disposed 

Of. Special terms may be called by the county judge or three of the commissioners, and 

may continue in session until the business 

is completed." 

The powers and authority of the County Commissioners' Court are enumerated in the following several sections of the Constitution: Article V, Sections 18, 

20, 21, 23, 24, 28 and 29. It is a well-established 

principle that the Commissioners' Court has no power or 

authority except that conferred on it by the Constitution 

or statutes of this state. Bland v. Orr, 90 Tex. 492, 

39 S. W. 558; and Anderson vs. Ash, 99 Tex. 447, 90 S.W. 

872; Baldwin v. Travis County, 88 S.W. 484; Von Rosenburg 

vs. Lovett, 173 S. W. 528 (writ ref.). In other words, 

the Commissioners1 Court is one of limited jurisdiction. 

Consequently, it can assert no authority nor exercise any 

power unless there be some express or implied statutory 

or constitutional grant thereof. 

An examination of the laws and cases concerning the powers and the meetings of a Commissioners1 Court 

reveals no statute specifically authorizing such court to 

purchase office furniture to be used by a county commissioner at a place other than the courthouse or at the county seat where commissionerst court shall be held, nor do 

we find any statute from which such power or authority may 

be implied. See: Articles 1602, 1603, 1605, 3899, 3899b, 

3912e-4, V. C. S. Furthermore, we are apprised of no 

statute authorizing expressly or by implication a commisSiORers' court to furnish office space or office furniture 

to the individual members of a commissioners' court to be 

provided or located in their respective precincts. 

Accordingly, it is the opinion of this office 

that a Commissioners' Court is without authority to purchase office furniture to be used to furnish an office for 

a county commissioner whose office is located at a place 

other than at the county courthouse or the county seat 

where commissioners' court shall be held. Article 2348, 

v. c. s. 
. - 

Honorable I. Predecki - PaRe 3 

SUMMARY 

A Commissioners' Court is without 

authority to purchase office furniture 

to be used to furnish an office for a 

county commissioner whose office is located at a place other than at the county 

courthouse where Commissioners' Court shall 

be held. Article 2348, V. C. S. 

Very truly yours 

ATTORNEY GE:ENERAL OF TEXAS 

Chester E. Ollison 

Assistant 

APPROVED 

ATTORNEY GENERAL 

CEO:WB:jrb