June 10, 1957 

Honorable Earl Rudder 

Commissioner 

General Land Office 

Austin, Texas 

Dear Mr. Rudder: 

Re: Whether or not the Commlssloners Courts of the various coun- 

~tles are authorized to pay 

compensation to Committee Msmbers acting under the provisions 

of Sec. 15, Act. 5421111, Vernon’s 

Civil Statutes. 

In your letter 

official opinion of this 

of May 22, 1957, you have requested an 

department, relative to the following 

- _.. question: Whether or not the Commissioners Courts of tne various counties are authorized to pay compensation to Committee 

Members acting under the provisions of Sec. 15, Art. 5421m, 

Vernon’s Civil Statutes? 

Opinion No. WW-156 

The Texas courts have consistently held that the Commissioners Court Is a court of lImIted jurisdiction and can 

only exercfse such powers as are authorized by the Constitution 

and statutes of this State, either by express terms or by necessary Implicat Ion. Section 18, ,ArtIcle V, Tex, Cons-t.; Bland 

v. Orr) 90 Tex. 492, 39 SOW. 558 (1887) ; Childr ss Countv v 

State 127 Tex. 343, 92 SoW02d 1011 (19361; ROD:* v. Hall i80 

S.W. $89 (Tex.Civ.App. 1925); Canales v. Lauzh1I.Q 147 Tek 169, 

214 S.W.2d 451, 453 (19481, no writ history; Hill’v. Sterrett, 

252 S.w.2d 766, 769 (Tex.Clv.,App. 1952, error,ref. n.r.e.1. 

Article 5421m, Vernon’s Civil Statutes, reads in part 

as follows: 

“There shall be appointed by the Commissioners Court of each county In this State a committee 

to be composed of three (3) residents of that county, 

all of whom shall be real property owners In said 

county. Any person deeming himself a veteran as defined herewith, and desiring to benefit, hereunder, 

shall submit to such committee such forms as may be 

prescribed by the Board, and before he submits his 

application of purchase and sales contract to the 

Board, which the committee will consider and then 

submit a report to the Board concerning the financial 
Honorable Earl Rudder, page 2 W-156) 

responsIbIl.Ity of the veteran, If such Is known, 

a statement as to whether or not In thefr opfnIon the transaction Is a bona fide, and a statement from them as to what they consider Is the 

reasonable value of the land In question. 0 o 0t1 

Neither Section 15 of Article 542lm Vernon’s Civil 

Statutes, nor any other statutory or constItu(lona1 provision, 

contains any authorization, either expressly or by necessary 

lmpllcation, for the Commissioners Courts of the various counties to pay compensation to committee members acting under this 

statute. 

We are, therefore, of the opinion that the Commlssioners Courts of the various counties are not authorized to pay 

compensation to committee members acting under the 

Section 159 Article 5421m, VernonOs Civil Statutes. 

provision of 

The Commissioners Court is a court of limIted jurisdiction and Is not authorized by the 

Constitution OP statutes of this State. efther 

expressly or by necessary 

compensation to commfttee 

the provisions of Section 

VernonP s Civil Statu.tes. 

BHT:wam:wb 

APPROVED: 

OPINION COMMITTEE: 

H. Grady Chandler, Chairman 

J. W. Wheeler 

Byron Fullerton 

Rfchard Wells 

implfcation, ‘to pay 

members actin under 

15, Article 5 $ 21m, 

Very truly yours? 

WILL WILSON 

Attorney General of Texas 

REVJEWED FOR THE ATTORNEY GENERAL 

By 6 > $. ;;?, -:,+-&/,) 

B. H. TUrnIns, Jr. J 

AssIstant 

BY Geo. P, Blackburn