. ,. 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 recentdate acGeneral on June 5, 1947,

The Commissionera*~ Court recently passed an order authorizing the purchase of desks, tablesand seven chaira at an estimated cost of $546.00. This office furnltnre is to be used by the county commissionerof the 4th precinctwhich comprises themainland 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, twentymiles from the county seat. Office space for the county commissionerswas assigned. some years ago in the county court for their use. Your opinion Is requestedas to the legalityof the exoendituresabove 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 eaohHonorable I. Predecki - Page 2

month throughout the year and may continue in session one week; provided the court need not holdmore than one session each querter if the business of the court does not demand a session. Any sessionmay adjournat any time the business of the court is disposed Of. Special termsmay be calledby 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 followingseveral sections of the Constitution: Article V, Sections 18, 20, 21, 23, 24, 28 and 29. It is a well-established principlethat 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 (writref.). In otherwords, the Commissioners1Court is one of limited jurisdiction. Consequently, it can assert no authority nor exercise any power unless there be some expressor implied statutory or constitutionalgrant thereof.

An examinationof the laws and cases concerning the powers and themeetings of a Commissioners1 Court revealsno statute specificallyauthorizingsuch court to purchase office furniture tobe usedby a county commissioner at a place other than the courthouse or at the county seat where commissionerstcourt shall be held,nor do we find any statute fromwhich such power or authoritymay be implied. See: Articles 1602, 1603, 1605, 3899, 3899b, 3912e-4,V. C. S. Furthermore,we are apprised of no statute authorizing expresslyor by implicationa commisSiORers' court to furnish office space or office furniture to the individualmembers of a commissioners'court to be provided or located in their respectiveprecincts.

Accordingly, it is the opinion of this office that a Commissioners'Court iswithout authority to purchase office furniture tobe used to furnish an office for a county commissionerwhose office is located at a place other than at the county courthouseor the county seat where commissioners'court shallbe held. Article 2348, v. c. s.. -

Honorable I. Predecki - PaRe 3

SUMMARY A Commissioners'Court iswithout authority to purchaseoffice furniture to be used to furnish an office for a county commissionerwhose office is located at a place other than at the county courthousewhere 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
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