Gerald C. Mann Aus-mra a,.TF;PLAB D

Hon. K. D. Hsll CountyAttorney Refuglo County Refugio, Texas Opinion No*O-1976 Re: Is the county required to furnish an office for justices of the peace in counties where the population is less than lC,OOC?

Dear Sir: If not, would the county be permitted to spend moneyfor furnishing andequipping offices of the justices of ,the pe,ace if its officers desire to do:so? Weare in receipt of your letter of February 17 requesting an opinion of this department on the above 1940, sta ed 4 questions. Article 1603 of Vernon’s Annotated Civil Statutes treads as follows:

“The county commissioners court of each county, as soon as practicable after the establishment of a county seat, or after Its removal from one place to another, shall provide a court house andjail for the county, andoffices for county officers at

.such county seat andkeep the samein good repair.” Article 2379, Vernon’s Annotated Civil Statutes, reads as follows:

“Whenthe justice precinct where the courthouse of anycounty is located contains morethan seventyfive thousand inhabitants, the commissioners c.ourt of said county shall provlde andfurnish a suitable place in such courthouse for such justice to hold court

.” Conferen,ce Opinion No. 2328, printed in the 1920-22 Biennial Reports of the Attorney General, at page 439, holds:

“1. The commissioners court is not authorized by law to furnish offices for justices of the peace except as provided in Chapter 94, General Laws, Regular Session of the 36th Legislature, which statute requires that suitable places shall be provided and furnished in the courthouse for the holding of courtHon. K. D. Hall, page 2

byjustices of the peace in the precinat where such courthouse is situated where there are more than seventy-five thousand inhabit ants in’such just ice precinct. "2. In all other instances the commissioners court is without authority to furnish offices for justices of

’the peace andhence said court is not authorized to pay office rent out of county funds for ‘ justices of the peace.” The SupremeCourt of Texas In the case of.Reynolds, Justice of

’the Peace v. Tarrant County, 14 S.W. 580 in effect holds that a ‘

justice of the peace Is not a county o!ficer wlthin the meaningof Article 705 (which is nowArticle 1603) providing that the county commissioners( court shall provide and maintain offices for the county officers, andthe justice of the peace cannot maintain an action to recover from the county moneysexpended for office rent andfurnishings.

In anopinion written January 9, 1933, byHonorable Homerd. DeWolfe, this department held that the commissioners* court is not authorized by law to furnish offices for justices of the peace except as provided in Article 2379 Vernon’s Annotated Civil Statutes which requires that suigable places shall be provided andfurnished in the courthouse far the holding of court byjustices of the peace ‘in the precinct where such courthouse is situated where there are morethan seventy-five thousand inhabitants In such justice precinct andthat the commissioners’ court Is not authorized to pay of&e rent out of county funds for justices of the peace.

-la an opin$on written September28 1932, byHonorable 6actt~Gainsr,,~Aseist&tit Attorney General, thfe department held that the 

### ooiinri8dioner.s~~ocurt is without authority to rent offiosa or ,buildlngs for’ ‘ ju%istioa’.courtrxoept under Article 2379.

aorreot interpretation of the law in regarb supra, Is at%13a to paymentby the Webelieve that Opinion No. 2328 county of office rent for justioee of the peaae.

With reference to Article 2379, supra, it appears that the Legislature was under the Impression that the commissionerst court was before the passage of this Act, without authority to even provide offices in the courthouse for justices of the peace, andthat In order for the commisslonerst court to have authority to furnish offices in the courthouse to justices of the peace in precincts having morethan seventy-five thousand inhabitants, it was necessary to expressly cohfer,such authorlty upon said court-Hon. K. D. Xall, page 3

Having affirmatively conferred this authority upon the commissioners' court to be exercised under the circumstances and conditions mentioned in this Act, this has the effect of negating the authority of the court to exercise like authority under anyother circumstances or conditions.

Article 3899b,Vernon's Annotated Civil Statutes, does not authorize the commissionerst court to pay office rent for ajustice of the peace. Sofar as ajustice of the peace is concerned this Act only requires the commissioners' court to furnish himwith such books and stationery as are necessary in the performance of his duties.

In viewof the foregoing authorities you are respectfully advised that it is the opinion of this department that the twoquestions submitted in your inquiry mustbe answered in the negative.

Trusting that the foregoing fully answers your lnquiry, weremain Yours very truly ATTORNEY

GENERAL

OFTFiXAS By/s/ Ardell Williams Ardell Williams, Assistant APPROVRD

FEB23, 1940 /s/ Gerald C. Mann ATTORNEY

GENERAL

OFTRKAS APPROVRD:

OPINION

COMMITTEE BY: BWR,CHAIRMAN AW:LM:wb