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

D 

Hon. K. D. Hsll 

County Attorney 

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 money for furnishing and equipping offices of the justices of ,the 

pe,ace if its officers desire to do: so? 

We are in receipt of your letter of February 17 

requesting an opinion of this department on the above 

1940, 

sta 4 ed 

quest ions. 

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 and jail 

for the county, and offices for county officers at 

. such county seat and keep the same in good repair.” 

Article 2379, Vernon’s Annotated Civil Statutes, 

reads as follows: 

“When the justice precinct where the courthouse 

of any county is located contains more than seventyfive thousand inhabitants, the commissioners c.ourt 

of said county shall provlde and furnish 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 court 
Hon. K. D. Hall, page 2 

by justices 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 and hence said court is not 

authorized to pay office rent out of county funds 

for ‘justices of the peace.” 

The Supreme Court 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 meaning of Article 705 (which is now Article 1603) providing that the county commissioners( court shall provide and 

maintain offices for the county officers, and the justice of 

the peace cannot maintain an action to recover from the county 

moneys expended for office rent and furnishings. 

In an opinion written January 9, 1933, by Honorable 

Homer d. De Wolfe, 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 and furnished in the courthouse far the holding of court by justices of the peace ‘in the precinct where such 

courthouse is situated where there are more than seventy-five 

thousand inhabitants In such justice precinct and that 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 September 28 1932, by Honorable 

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’.court rxoept under Article 2379. 

aorreot interpretation of the law in regar b 

supra, Is at%13 a 

to payment by the 

We believe 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, 

and that In order for the commisslonerst court to have authority 

to furnish offices in the courthouse to justices of the peace in 

precincts having more than 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 

any other circumstances or conditions. 

Article 3899b, Vernon's Annotated Civil Statutes, 

does not authorize the commissionerst court to pay office rent 

for a justice of the peace. So far as a justice of the peace 

is concerned this Act only requires the commissioners' court 

to furnish him with 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 two questions submitted in your inquiry must be answered in 

the negative. 

Trusting that the foregoing fully answers your lnquiry, we remain 

Yours very truly 

ATTORNEY GENERAL OF TFiXAS 

By /s/ Ardell Williams 

Ardell Williams, Assistant 

APPROVRD FEB 23, 1940 

/s/ Gerald C. Mann 

ATTORNEY GENERAL OFTRKAS 

APPROVRD: OPINION COMMITTEE 

BY: BWR, CHAIRMAN 

AW:LM:wb