OFFICEOFTHEATTORNEY GENERALOF'I'EXAS AUSTIN

Xrq. 9111110O*Besl cqigatg Auditor Carson County Panhandle, Texas

and maintain jails aounty than the w

there is no jail in'& county, the a suitablehouse or&employ guards, Che ,e~pe+!s to be paid by the ~pw@t oountg." This dePa'&tme~t

has repletedly *ala thei; the Cm- &mioners' oourt bss euthopity to build and naintala jails etUs. Willie G'Neal, Fege 2

plaoes in the county other than the oounty seet. See opinton X0. O-14 of this department, dated January 6, 1939, cud opiniondated January 28, 1928,written by Hon.%. Grady Chandler,AssistantAttorney General, addressed to Honorable C. 0. works, County Attarnsy, ZXJ.anett, Texas, Letter Opinions of the AttorneyGeneral of Teas..

atiirmative.

Your first question .x8therefore answered in the

The oommisaioners'ooort Is e owrt or limitedpower and jurlsGiotIon)and has no powers 

### or duties except those whIoh are clearly setrorth end defined In the Constitution and statutes. The statuteshere olearly defined the pmers, prescribedthe duties, and Imposed lIabIlItIes or the oommissioners' oourt, the medium throughwhich ShuTET&Perent oounties eot, en& iron these statutes ~sue$ ooms all of the authority.

vested In the oounty. Tex. .Jur., Edwar& Countyvs. Jennings, 33 5-W. 585. Vol. ll,.p. 563;

We quote rrom Texas JurIsprDOenoe,Vol.,. 11, p. 632, at3 roil0ws :

..,.. ~~ ;, @The authority of the oosmIssIone,rs* court as the governing body of a oounty to,make oantreots in Its behalr Is strictly limited to that oonfemed either expressly or by rsir or neoessdry Implication by the oonstitutionand laws of this'stete. If the 0ommIssioners~court sots without authority Inm.aklng a oontraot,the oounty Is not bound by Its aotlcm n

. . . .
lows: Article 4434, Revised Civil Statutes, reeb as roivCo-dperatlon-Thenum$oipal authorities or towns and oities, and cormaissioners' uourte of the oountieswherein euoh towns and olties are situated,may co-operatewith each other In making suoh Improvemeats oonneotedwith said towns, citiesand oounties es said authorities, and oourts may deem neoessary to Improve the public health and.

to promote efficient sanitary regulatIona; an8 by mutual arrangement, they may provide for the construotionof maid ImprovementsMrs. WIllIe O*Xeal, Page 

### 3

and payment therei"or.* Article 

### 2336,RevisedCivilPtetutes,~ reads r0ii0wa: as

T?ald~oourtmay ereot bridgeswIthln the corporate lImIta 0r any olty 

### or town to the Saab extent and under the asms oondltionanow preaorlbed

### by law ror the oonstruotlonot k+&% outside the lIm3ta of any oity or town. oourt and the governingbody of any city or torat may co-operate In the ereotion of a brid&ewithIn the oorporatelimits or a city or town; and jointly eraot such bridgeupon terms and oondltionamutually agreed upon; and either or both the city and oounty may'lasue its bonds to pay Its proportionstepert or the debtby complying with the requirements of the lea regulating the Iaauanoe of bonds by oountiea and oitiea and tomna.*

lows1 Rrtiale @+92, Revised Civil Statutes,reeds es fol-

*Any commIaalonera*court may eo-operate wlth and join the proper quthorltieaof any olty having a population of ten thousand persons or more In the establishment,building, equipment .and

maintenance of a hospital In said oity* and to appropriate such funds as may be determined by said oourt, after joint oonferenoewith the authorities of auoh oity or town,.and the management of auohhospital shall be under the joint oontrol of such oourt and city authorItIea.n 3pInIonNo. O-1000 of this departmentholda that tlm ocamisaIonera~oourt 0r Upahur County oannot 1s ally enter into (I partnership agreement with the oitg of 'z 0 lmer to purohsae a motor grader ror road and street repalrwork.

Obviously 'if the title to the jail described In your letter la in an inoorporstad oity, then aaid jell would be a voity jail" and not a "oounty jail."I&s. YXllie O'Neal, Page 

### 4

The above quoted statutes speoIfIoallyauthorize ocntraotabetween.oountieaend citiesror apeoitio purposes therein a~tsted; however, after a diligent search of the statutes we do notrind any statute authorizl~ the mmrlaaionera~ oourt tz expend county funds~ror the ooustruotlou or equIlym~ent of a city jail nor have we round any statutewhioh would authorize ths oommiasloners~oourt to enter loto a oontract md ?srtnershlp tith a city and e)ipend county funds for the oonstruotlanand equipabut 0r e oity-oounty j611.

Tolur neconc?

question Is thereforeenawered In the negative. Very truly yours

‘Ah. J. yenning AssIstant

l’JF:AW AiiOWC AFR 17, 

### 1940 s/ Gerald C. Mann Vl'TOENEY

CZWFZ?AL

C:F TEXAS