IionorableJohn T. Cox

County Attorney Bell County Belton, Texas Opinion No. C-141
Re: Can a county issue time warrants to finance the purchase of a site for and construction of a building tohouse the offices of certain county Dear Sir: officers and agencies?

Inyour original letteryou have, in effect, asked two questions: (1)whether ,acounty can issue timewarrants to finance the purchase of a site for and construction of a "courthouse annex or office building" when suchbuilding, although ,locatedas close as practicable to the existing courthouse, isphysically completely,unconnected with the existing structure and separated from itby a street, and (2)whether a county can issue such timewarrants for such apurpose where thebuilding is located across the street from the existing courthouse,but isphysically connected with itby means of a tunnel beneath the street or by apassageway over the street.

Inyour second letter you have further stated that the specific purpose of the proposed building would be to house the offices of the following county agencies8 (1)Bell County Department of Public Welfare, (2)Bell County Tax Assessor-Collector, (3)Bell County Juvenile Officer, (4)Bell County.School Superintendent, (5)Bell County Agent, (6)Bell County Home Demonstration Agent, atid(7)Bell County Health Unit. The first matter tobe determined itianswering your inquiry is the power of the county, through the Commissioners'Court, toprovide such abuilding at all, for although the Commissioners' Court does serve as the governing body of the county and although its control extends to nearly every

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phase of the county's business, its jurisdiction is not plenary. Its power must be specifically authorized by the Constitution or the statutes, orby necessary implication therefrom. Canales v. Laughlin, 147Tex.169,214 S.W.Zd 451 (1948).

Article 2351,Vernon's Civil Statutes, enumerates the various powers and duties of the Commissioners' Courts. Subdivision 7 of that statute provides that the court shall:

"Provide and keep in repair courthouses, jails and all necessary public buildings." The courts have interpreted this subdivision of Article 2351 in the case ofDancv v. Davidson, 183 S.W.2d 195 (Tex.Civ.App.1944, error ref.), inwhich the court said, at page 198:

"By the term 'publicbuilding' as used in the statute ismeant abuilding used primarily for public or governmental purposes, that is, tohouse public orgovernmental agencies.

. s .The Commissioners' Court is the legal body authorized under the statute to determine whether or not a 'publicbuilding' is 'necessary" and its decision relating thereto can notbe disturbed by this court, except upon a showing of an abuse ofdiscretion s . .I'
**As** to the definition ofwhat constitutes a "public building" under Article 2351, this office has written numerous opinions. Enclosed isAttorney General's Opinion No. O1952 (1940),written prior to theDBncy case, supra, which states, at page 5, n . e -that 'necessary public buildings' mean public buildings essential for the conduct of strictly 'countybusiness': and,when referring to office buildings, itmeans public buildings essential forhousing the offices of county officers or agencies."

It is clear that the offices and agencies listed in your second letter, as set out above, are performing for the county governmental and public functions; that abuilding to
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house such offices is a "publicbuilding" within the purview of Subdivision 7 ofArticle 2351: and that the Commissioners' Court has the statutory authority to determine whether such "publicbuilding" is "necessary".

Having determined that the Commissioners' Court of the county has the power to provide thebuilding in question we must next determine whether the county can issue time warrants to pay for the purchase of the site and costs of construction of such abuilding.

It **has** longbeen the established rule inTexas that where, ashere, the Commissioners' Court has **the** power to provide something -- in this case, "other necessary public buildings" under Subdivision 7 ofArticle 2351, and, under Subdivision 10 ofArticle 2351, to "audit and settle all accounts against **the** county and direct their payment" -- the power to incur debt for such purposes and to evidence the debt by issuance of timewarrants isnecessarily implied. San Patricia County v.McClane, 58Tex.243 (1883): Stratton v. Commissioners' Court, 137 S.W.1170 (Tex.Civ.App. 1911, error ref.): Lasater v. Lopes, 110 Tex.l79,217 S.W.373 (1919).

**A** fairly recent statute, Article 237013,Vernon's Civil Statutes, authorizes issuance by the Commissioners' Court of negotiable bonds of the county for the purpose of, among other things, the construction of county office buildings and the purchase of sites therefor. Ithas longbeen the established rule in this regard that the power to issue negotiable bonds is a different power from that to issue non-negotiable time warrants and that the grant of the power to issue such negotiable bonds confers upon the Commissioners‘ Court an additional power and does not deprive it of its existing authority to issuewarrants. Lasater v. Lopez, supra.

Thus the answer toyour‘first question is that the Commissioners' Court of a county does have the power to purchase a site for and construct a county office building, across the street from and physically unconnected with the existing courthouse, tohouse the enumerated offices and to issue timewarrants for this purpose. Inview of our answer toyour first question it is obvious that the answer toyour second question would also be in the affirmative.

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SUMMARY

The Commissioners' Court ofBell County has the authority tobuild a county office building,.across the street from and physically unconnected with the existing courthouse, to be used for the stated purposes and can fi-, nance the purchase of ,thesite for and construction of such abuilding by issuance of timewarrants.

Very truly yours, WAGGONER CARR AttornejrGeneral ofTexas

JMS-s Enclosure
APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Howard Maya J. C..Davis J. S. Bracewell Ben Harrison v James i+l. Strock Assistant Attorney General

APPROVED FOR THE ATTORNEY GENF3AL By: Stanton Stone

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