29i j!t 

E 

OF EXAS 

Honorable Owen F. Watkins 

County Attorney 

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 

Serviae of the IJ. 9, Department of Agriculture 

for maintenance of t&e 

oounty'e portion of a water 

conservation project, and 

its authority to appropriate 

money for this maintenance 

under Seuate Bill270, Aote 

50th Legislature, 1947, 

Chapter 53, Page 72. 

You have requested an opinion on 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 County has tie authority to enter into a contract with Soil Conservation Service end the U. 9. Department of Agriculture for msintenanoe of Limestone County 

portion of 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 limits spending of all moneys of the Road and 

Bridge Fund to public roads. 

Section 15 states that the purpose of the Act is to 

authorize Conmissioners' Courts to act for "better public roads". 

Section 17 restricts the authority of the ConmissIoners' 

Court to act except on a cash basis and as a result no 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 limited to 

public roads. 

The Commlesioners' Court is a Court of limited jurisdiction and has only such powers as are conferred upon it by express 

terns or by necessary implication. Childress County v. 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 apparent that the Soil Conservation Service and the 

District with which you will be concerned was organized under the 

provisions of Article 165a-4, Vernon's Annotated Civil Statutes. 

After careful search and 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 purpose set forth In this inquiry under Senate Bill 

270, Acts ,5oth Legislature, 1947,, Chapter 53, Page 72. 

Your attention is called to Articles 7048a and 7048b, Vernon's 

Annotated Civil Statutes, which provide methods for raising funds 

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 without authorization 

under Senate Bill270, Acts 50th Legislature, 1947 
Honorable Owen F. Watkins, page 3 (~~-596) 

Chapter 53, page 72, to oontraotwlth the Soil 

Conservation Service or to pay out county funds 

for the maintenance of projects conetructed by 

the Soil Coneervation Service. While you mi&t 

contract under Article 7048b with 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 General of 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