. - 

April 13, 1948 

Hon. John C. Marburger 

County Attorney 

Fayette County 

La Grange, Texas 

Opinion Ho. V-542 

Re: The authority of the 

Commlsslonerst Court 

to pay .a portion of 

the salary and expenses of an asslstant county agent to 

set up a balanced 

farm program, the remainder of the financea to come from 

other sources. 

Dear Sir: 

Reference Is made to 

which Is, in part, as follows: 

your recent request 

"The Schulenburg Chamber of Commerce 

has requested the Commlssionerst Court of 

Fayette County, Texas, to contribute tax 

money for. support of an assistant County 

Agent who Is to work with certain persons 

and none others. Said Chamber of Commerce 

has submitted three lzoposals in an-order 

to accomplish said purpose and which letter and request of the Chamber of Commeroe 

to the Coxmnlssionersv Court reads as follows: 

~"*The following plans of financing a balanced farm program for Fayette County were 

presented verbally to your court on March 

1, 1948, as follows: 

"'Plan No. 1 

Balanced Farm Program for Fayette 

County Set up on a One Year Basis 

“‘50 farmers at $50. each * $2500 

Schul.enburg Chamber of 
Hon. John C. Marburger, page 2, (V-542) 

Commerce and local'buslnessmen $1250 

Cosmlssloners Court 

Total 

"'These 50 farmers to be selected In the 

schulenturg trades territory through a 

screen process where the County Agent 

will aid the Chamber of Commerce Agrlcultural Committee In final seleotlon. 

~"IThe Texas A & M Extension Service to 

furnish a qualified man to act in the 

capacity of an Assistant County Agent 

to work with and supervise these 50 farmere. This Assistant County Agent to 

be under the supervlslon'of the Couutp 

Agent under the direct supervision of 

the Texas A.& M JZxtension Department; 

the Extension Department to'work through 

Its local representative agency, the Commfsaionerss Court. 

"'The $5000 to be used for salary and 

traveling expenses of the Assistant 

County Agent who Is to supervise these 

50 farmers.l’ 

Plan lo. 2, in legal effect, la aubstantlally 

like plan no. 1 except that towns la the.four ppeclncts 

are to contribute $1250 instead of the Chamber of Commerce and local business men. 

Continuing with your, letter: 

"'Plan Ho., 3 

To Provide Funds for an Assistant 

County Agent to Work on a Home and 

Farm Program' 

"'ProvLde an Assistant County Agent to 

relieve the County Agent 80 that the 

County Agent and Iiome Demonstration 

Agent might have enough free time to set 

up a home - farm pro ram with at least 

7 to 10 fandlles In B ayette County. A 

minimum of 12 calls a~ to be made at 

each home during the year. The Assis- 
Hon. John C. Msrbwger, page 3 (V-542) 

tant County Agent is to devote the balance of hlS time aiding the County 

Agent In his regular routine work. The 

Extension Department,would probably be 

in a poaltion .to.furnish about twothirds of' the coat. of this As,slstant 

County Agent in,salary and traveling 

expenses; the Commissioners Court to 

furnlsh,the,balance which should pun 

approximately $1000. .Thls program will 

give complete county. coverage. The Asslstant County Agent Is to be furnished 

by the Extension Department and act under the supervision of the County Agent.'" 

In the c&e, of Galveston B.& S.A. Ry. v. 

Uvalde County, 167 S.w.(2d) 305, (Clv. App. 1942~, error 

refused)~the, court said: 

'The Commlssloners~ Court of a county has, pnly such powers as are expressly 

OF by necessary implication given It by 

the Constltutlon and statutes of this 

State." 

we have not found any provision,ln the Oonatltutlon or any statute which authorizes Goam&asioners' 

Courts to contribute any county money for.such a purpose. On the contrary, Section 52 of Artlcle~ III of 

the State Constitution provides, in paPt, that: ': 

"The Leglsliture shall have no 

poker to authorlrie any county, city, 

i , 

town or other'polltlcal corporation 

or subdivision of the State to lend 

Its credit or to grant public money 

or thing of value In ala of, or to 

any individual, absoclatlo+ or',corporatlon whatsoever, -' . . 

Section 53 of Article III of the Constitution 

Is as follows: 

"The Legislature shall have no 

payer to grant, or to authoHee any 

county or municipal authority to grant, 

any extra compensation, fee or allow- 

'ante to a public officer, agent, secvant or contractor, after service hss 
Eon. John C. Marburger, page 4 (V-542) 

been rendered, or a contract has been 

entered Into, and performed in whole' 

or In part; nor pay, ROF authorize the 

payment of, any claim created against 

any'county or munlclpallty of,the State, 

under any agreement or cofttract, m

without authority of law, (Emphasls~ours) 

It will be noted that ~ndsr.Plana Nos. 1 and 

2, as aubmltted,~ It Is provided that only 50 people will 

be served In the entire county, even though the money 

which Is to be, contributed by the county Is money paid 

Into the County Treasuxyby taxes which were asaeased 

for a public purpose only. We believe the contributions 

to be made by the county under the first two plans come 

within the lnhlbltlons of the above quoted provisions of 

the Conatltution. Therefore, It 1s~ our opinion that the 

Commlssloners~ Court may not contribute the money Under 

Plans Ros. 1 and 2. 

Article 164, V. C. S.,.fs as follows: 

"The Coass.lsaloner~s Court of any, 

county of this State Is authorized to 

establlah and conduct co-operative demonstpatlon work In Agrlcultum and 

home eoonomlcs in co-operatlon:wlth the 

Agrlc5ultural and Mechanical College 0r 

Texas/upon such terms and condltlona 

aa may be agreed upon by the Oommlsslon-,; * 

errs' Court and the agents of the Agrlcultural and Heohahloal College of Teas; 

Sna MY employ such meana, and m&y appropriate and expendsuch sumsof .money 

as may'be necessary to efreotively establiah and carry on'such demonstration 

work In Agriculture and Home 

ln their respective tountied. 

~conomica 

The above statute is an amendmant of ktlcle 

164, R&sea Civil Statutes, 1925, which art1018 as 

codlflea llmlted the expenditure of fund8 by a aounty 

'not exceeding one thousand dollars per year, for farmerl co-operative demonstration work In the tounty . . 

In the 1927 amendment of said Article 164, this 

iilhitatlon was omlttea. Consequently, the only llmltatlon plaoed upon the expenditure Of~coUnty fUnda Mder our pr8s8nt statute 18 the OOn8titUtio~nlo~~tatlons of tax levies for county purposes. 
_. - 

Hon. John C. Marburger, page 5 (V-542) 

words, the above A&gives broad poiers to the Comtaissloners' Court and leaves to their judgment the question 

as to what 1s~"necessary to effectively establlsh.and 

carry on such demonstration work In Agrlcultpe and 

Home Economics in their respective ,oountles. That conducting and carrying on such work as provided by the 

Legislature is "County business" as within the contemplation of Article V, Section 18 of the Constitution of 

Texas has never been questioned. 

. 

!X!he facts submitted under-Plan No. 3 refleot 

thatthe funds to be expended are for a public purpose. 

There is no limitation as to the number of persons which 

may be served; nor Is there a contribution required of 

said persons served by this program before they may enjoy the benefits of the same. Therefore, by virtue of 

the foreging, it is the opinion of this Department,that 

the CosWisloners' Court may employ an Assistant.Oounty 

Agent to aid the County Agent ln the promotion of a farm 

program as outlined under Plan No. 3. 

The CommlasIon8rs1 Court of Fayette 

County may not contribute .county money 

for an Assistant County Agent whose assistance Is limited to a particular 50 

farmers and none others. Such employment'ls not for a gubllc~ purpose. Sections 52 and 53 of Article III of the 

State Constltutlon. However, the county 

may employ suoh an Assistant If he la to 

be engaged In conducting and oarrying on 

agricultural work aa oounty business and 

not for a private purpose. Art. 164, V. 

c. 8, 

ftizL7Jd 

ATTORlVE!i GENERAL 

BA:mw 

Yours very truly, 

ATTORlOlCYGEilVEML OF TEXAS