OFFICEOFTHEATTORNEY GENERALOF'I'EXAS 

AUSTIN 

Xrq. 9111110 O*Besl 

cqigatg Auditor 

Carson County 

Panhandle, Texas 

and maintain jails 

aounty than the w 

there is no jail in'& county, the 

a suitable house 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 et 
Us. 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 

opinion dated January 28, 1928, written by Hon.%. Grady 

Chandler, Assistant Attorney General, addressed to Honorable 

C. 0. works, County Attarnsy, ZXJ.anett, Texas, Letter Opinions 

of the Attorney General of Teas.. 

atiirmative. 

Your first question .x8 therefore answered in the 

The oommisaioners' ooort Is e owrt or limited power 

and jurlsGiotIon) and has no powers or duties except those 

whIoh are clearly set rorth end defined In the Constitution 

and statutes. The statutes here olearly defined the pmers, 

prescribed the duties, and Imposed lIabIlItIes or the oommissioners' oourt, the medium through which ShuTET&Perent 

oounties eot, en& iron these statutes ~sue$ ooms all of the 

authority. vested In the oounty. Tex. .Jur., 

Edwar& County vs. Jennings, 33 5-W. 585. 

Vol. ll,.p. 563; 

We quote rrom Texas JurIsprDOenoe, Vol.,. 11, p. 632, 

at3 r oil0ws : 

..,.. ~~ ;, 

@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 oonstitution and laws of this'stete. If the 

0ommIssioners~ court sots without authority In m.aklng a oontraot, the oounty Is not bound by Its aotlcm 

n . . . . 

lows: 

Article 4434, Revised Civil Statutes, reeb as roivCo-dperatlon-The num$oipal authorities 

or towns and oities, and cormaissioners' uourte 

of the oounties wherein euoh towns and olties 

are situated, may co-operate with each other In 

making suoh Improvemeats oonneoted with said 

towns, cities and 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 construotion of maid Improvements 
Mrs. WIllIe O*Xeal, Page 3 

and payment therei"or.* 

Article 2336, Revised Civil Ptetutes,~ reads 

r0ii0wa: 

as 

T?ald~oourt may ereot bridges wIthln the 

corporate lImIta 0r any olty or town to the Saab 

extent and under the asms oondltiona now preaorlbed by law ror the oonstruotlon ot k+&% 

outside the lIm3ta of any oity or town. 

oourt and the governing body of any city or torat 

may co-operate In the ereotion of a brid&e withIn the oorporate limits or a city or town; and 

jointly eraot such bridge upon terms and oondltiona mutually agreed upon; and either or both 

the city and oounty may'lasue its bonds to pay 

Its proportionste pert or the debt by 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 quthorltiea of 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 

oonferenoe with the authorities of auoh oity or 

town,.and the management of auoh hospital shall 

be under the joint oontrol of such oourt and 

city authorItIea.n 

3pInIon No. O-1000 of this departmentholda that tlm 

ocamisaIonera~ oourt 0r Upahur County oannot 1s ally enter 

into (I partnership agreement with the oitg of 0 'z lmer to purohsae a motor grader ror road and street repalr work. 

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 speoIfIoally authorize 

ocntraota between.oountiea end cities ror 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 

statute whioh would authorize ths oommiasloners~ oourt to 

enter loto a oontract md ?srtnershlp tith a city and e)ipend county funds for the oonstruotlan and equipabut 0r 

e oity-oounty j611. 

Tolur neconc? question Is therefore enawered 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