June 10, 

### 1957

Honorable Earl Rudder Commissioner General LandOffice 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 May22, 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 Membersacting under the provisions of Sec. 15, Art. 5421m, Vernon’s Civil Statutes? Opinion No. 

### WW-156

TheTexas 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) 

### 90Tex. 

### 492,39SOW.

### 558(1887) ; Childr ss Countv v State 127 Tex. 

### 343,92SoW02d1011 (19361; ROD:*v. Hall i80 S.W. $89 (Tex.Civ.App. 1925); Canales v. Lauzh1I.Q 147Tek 

### 169, 214 S.W.2d 

### 451,453 (19481, nowrit 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 whomshall be real property owners In said county. Anyperson deeming himself a veteran as defined herewith, and desiring to benefit, hereunder, shall submit to such committee such forms as maybe prescribed by the Board, andbefore 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 financialHonorable 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 themas 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 membersacting under this statute. Weare, therefore, of the opinion that the Commlssioners Courts of the various counties are not authorized to pay compensation to committee membersacting under the Section 

### 159Article 5421m, VernonOs Civil Statutes. provision of

The Commissioners Court is a court of limIted jurisdiction and Is not authorized by the Constitution OPstatutes of this State. efther expressly or by necessary compensation to commfttee the provisions of Section VernonPs Civil Statu.tes.

BHT:wam:wb APPROVED: OPINIONCOMMITTEE: H. Grady Chandler, Chairman J. W. Wheeler Byron Fullerton Rfchard Wells implfcation, ‘to pay members actin under 

### 15,Article 

### 521m,

$ Very truly yours? WILLWILSON Attorney General of Texas

REVJEWED

FORTHEATTORNEY

GENERAL

By 6 >$. ;;?, -:,+-&/,) B. H. TUrnIns, Jr. J AssIstant

BY Geo. P, Blackburn