Hon. H. L. Roberson 

County Attorney 

Wlnkler County 

Kermit, Texas 

Opinion No. O-4326 

Re: Commissionersr ‘court - 

authority to'employ utility' 

ma&to take care of and 

maintain oounty fire truoks 

and related matters. 

Dear Sir: 

Your request for opinion has been received and carefuliy 

considered by this department.' We quote from your request" 

arj follows :, 

"Winkler Coinrtg~has a population of 6,141 inhabitants " 

in accordanoe.with the last preceding Federal'census, 

in.compliance with Artlole S351a, Vernonfs.Clvil'statutes, 

the oounty has the authority to ,purchase-fire fighting 

equipment. ; 

"The Court has purohased and are now using two new fire : 

trucks, these,fire, trucks are being operated,by the 

Wink and Kermit voluntary fire departments, along,with 

the fire trucks that are owned by Wink and Kermit. 

"Our Commissioners~~Courtwents ‘ydur opinion~as to 

whether or not they have the authority to employ a 

utility msn for the care and maintenance of these oounty 

fire trucks. If so, from what fund would he&be paid? 

"Article S351a-1, Vernonts Civil Statutes, allows all 

counties the authority to contract with the city, town 

or villages,, located,within the county, for fire protection and fire fighting equipment. Does the oourt have. 

the authority to .contraot with the cities on the 

employment of a utility man? the utility man to care for 

end maintain both the aity and oounty .fire trucks? 

nYour~opinion on these questions ~111~ certainly be 

appreciated." 

Article 2351a,. V.A,C.S., .referred to by you in your letter 

was held unoonstitutional as a localor special law, by 

opinion No. O-3417 of this department;:a copy of 'which is 

enclosed herewith for your information. 
Hon. H. L. Roberson - Page 2, O-4326 

Opinion No. O-4300 of this department holds H. B. 262, 47th 

Legislature of Texas, (Artiole 2351a-1, V.A.C.S.) to be 

constitutional and valid. This opinion also holds that fire 

fighting equipment purohased in compliance with the act 

should be paid for out of the general fund of the county. A 

copy of this opinion is enolosed herewith for your information. 

We .quote from opinion No. O-4256 of this department as follows: 

n . . . The oommissioners~ oourt of any county is authorized 

to enter into contraots with any oity, eto. within the 

county and/or adjoining oounties, upon suoh terms and 

conditions as shall be agreed upon between the oommissionerst court and the governing body of such oity, etc. 

for the use of fire truoks and other fire fighting equlpment of the oity, town or village, in oomplianae with 

Article 2351a-1, supra." 

We enclose herewith a oopy of said opinion for your information. 

You are respeotfully advised that it Is the opinion of this 

department: 

1. After the purchase of the fire fighting equipmentand fire 

truoks in the manner‘outlined by Artiale 2351a-1 it is our 

opinion that the oommissioners 1 court would have the implied 

authority to employ a utility men for the oare and maintenanoe 

of the oounty flre~truoks. It ia our further opinion that his 

salary should be paid from the general fund of the oounty. 

2. It is our further opinion that your last question should 

be answered in the affirmative and it is so answered. 

Very truly yours 

ATTORITEX GENERAL.,OF TEXAS 

s/ Wm. J. Fanning 

wJFxFs/cg 

APPROVEB JAR. 23, 1242 

s/ Grover Sellers 

FIRST ASSISTART 

ATTORNEY GENERAL 

BY 

Wm. J. Fanning 

.Assistant 

Approved Opinion Committee, By BWB, Chairmen