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Honorable

Owen F. Watkins CountyAttorney Limestone

county Groesbeck,

Texas

Dear Sir: opinion BO. VW-596 Authority

of (I County Caannisslousrs

' Court to enter into a Gontxact with the soil Conservation Serviaeof the IJ.

9, Department

of Agriculture for maintenance

of t&e oounty'e

portionof a water conservation

project,

and its authority

to appropriate money for thismaintenance under Seuate

Bill270, Aote 50th Legislature,

1947, Chapter 53, Page 72.
You have requested an opinionon the following queatlons: (1). Can Senates

Bill 270, Acts 50th Iaglelature, 1947, CPapter 53, Page 72 -- A Speoia~lRoad Law for Limeatone County,Texas,be construed 80 that the Comiesioners'Court of Limestone

Countyhas tie authority to enter into a contractwith Soil Conservation Serviceend the U. 9. Department

of Agriculture

for msintenanoe

of Limestone

County portionof the upper Trinity River waterehed after construction

and completl& In Limestone County,

Texas, of water oonservation projecta? - (2). Can Senate Bill27C, Got6 50th Legielature, 1947,Chapter 53, Page 72 be construed eo that the Commissioners'

Court of Ltiestone

County,Texas hae the authority

within Section 17 of the esid Bill to enter Into a contract

with Soil Conservation Service to appropriate moneys necessary

for the maintenance of such water conservation

oonstruotlon

after their completion? The answer to both of your questions is in tie negative.Honorable Owen F. Watkins,

page 2 NW-596)

Senate Bill 270, Aots 50th Legislature, 1947,Chapter 53, Page 72 is a limited Act speoifically

limiting

its language

and intent to "a more efficient road system for Limestone County". The Cmmlssloners'authority to sot in every section is coMect8d with "public

roads". Section 14 limitsspending of all moneys of the Road and BridgeFund to public roads. Section 15 states that the purposeof the Act is to authorize

Conmissioners'

Courts to act for "better publicroads". Section 17 restricts the authority

of the ConmissIoners' Court to act excepton a cash basis and as a resultno obligation shall be created

unless funds are certified available. Section 18 which authorizes the ConmIssIoners'

Court to contract

with the State and Federal Agencies is again limitedto public roads. The Commlesioners'

Court is a Court of limitedjurisdictionand has only such powers as are conferred upon it by express terns or by necessaryimplication.Childress Countyv. State, I27 Tex. 343, 92 S.W.2d, 1011 (1936); El Paso County v. Elom, 106 S.W.2d, 393;Howard v. Henderson County, 116 S.W.2d 479 Hill v. Sterrett,

252 S.W.2d~766(Tex.Clv.App~ 1952, error ref., n. r. e.). The power of such Courts to make appropriations or to expend county funds is controlled by the above rule of law.
It is apparentthat the Soil Conservation Serviceand the District

with which you will be concerned was organized

under the provisions

of Article 165a-4, Vernon's Annotated

Civil Statutes. After carefulsearchand examination of the Statutes,including the provisions

of Article 165a-4,

we are unable to find any authority for the Commissioners' Court of Limestone

County to expend county funds for the purposeset forth In this inquiry under SenateBill 270, Acts ,5oth

Legislature,

1947,, Chapter 53, Page 72.
Your attention

is called to Articles7048a and 7048b, Vernon's Annotated

Civil Statutes,

which provide

methods for raisingfunds and authorize

the county to enter into contracts with the Soil C$;;Ttlon District. (9 ee also Attorney

Ceneral'e

Opinion

Ro.

The Comnissioners'

Court is withoutauthorization under SenateBill270, Acts 50th Legislature, 1947Honorable Owen F. Watkins,page 3 (~~-596)

Chapter 53, page 72, to oontraotwlth the Soil Conservation

Serviceor to pay out county funds for the maintenance of projects

conetructed

by the Soil Coneervation Service. While you mi&t contract

under Article 7048bwith the Soil Conservatlon

Service,it willbe~neoeaeery that you comply with Artlole 7Ok& before fuude will be available

for the meintenenoe of Soil Conservation projeate. * Yours very truly,
WIU WILSOR Attorney

Generalof Texas

GCR:glrme APPROVES OPIIUODI

COMMITrEE Geo. P. Blackburn, Chairman
Jot Rodges,Jr. Plcm~Bwrue Houghton Rrownlee, Jr. Larry Jones RE~FORlXEA!f9.UME~ BY; W. V. Geppert