### TEXAS

Honorable Esco Walter County Attorney Taylor County Abilene, Texas

Dear Sir: Opinion No. O-2.70 Re: Can Roy C. &.dler oontinue to apt as purohasing agent for Taylor County for the next.two years under the faots set forth?

Your 

### reoent request for **an**opinion of this department on the above stated 

### qusstlan has been 

### raaelved.
We quote from your letter as followsr

"At aregular s~esaionof the Taylor county 

### Commlaaioners~ Court onBeoomber 9, 1940, the Commissioners Court employed one Roy C.Fuller as purohasing agent 

### for Taylor County 

### for thenext two years.

"On January 

### 1, 1941, Roy C.

### Fullar’a brother-in-law will take 

### office as oounty commissioner ofpreoinot No. 2 inTaylor County, and will at that-time be amember 

### pf the Commissioners' Court of this county, Can Roy C~.Fuller oontlnue to aot as purchasing agent for Taylor County-for the next two

### yeare, orwould thatbe a violation of the nepotism law,whioh is Article 432 of the Penal code,
('1am enolosing herewith a oopy of thenepotism law and referenoes toAttorney General's opinions on nepotism. It appears tome that under Attorney General's Op,&nionNo. 467.there would be 

### no violation of the nepotism law. vvhatis

### your opinion about this question?"

Your inquiry aspresented to this department involves the question ofwhether the nepotism law of this state will be violated under the above stated facts which raises another question that requires this department topass upon before considering the original question. The question raised 1st Does Taylor County have the legal right and authority to employ a purchasing agent for said county? We think not.

.. :,

Honorable Esco 'Walter,Page 2, O-2970

Article 1580 ofVernon's Annotated CiviI Statutes provides:

"The commissioners court may appoint an agent or agents to make any contract'on behalf of the county for the erection or repairing of any county buildings, and to superintend their erection or repairing, law. or for any other purpose authorized by The contract or acts of such aSent or agents, duly executed and done, for and onbehalf of the county, andwithin his or their powers, shall be valid and effectual tobind such county to all intents and purposes."

In 

### 1933 the !+jrdLegislature passed an act, page 11, chapter 

### 99 authorizing the appointment of apurchasing agent in counties having apopulation ofmore than one-hundred thousand (100,000) inhabitants, and less than one hundred, fl.ftythousand (150, 000) inhabitants, and having a city of apopulation in excess of one hundred thousand (100,000) inhabitants. This act was amended~by the 45th Legislature in 

### 1937,page 

### 5999 chapter 301. This actprovides for the appointment of purchasing agents in counties having apopulation ofmore than one hundred thousand (100,000) inhabitants andnot less than onehundred, fifty thousand (15'0,000)inhabitants as shown by the latest United States Census, and containing two cities of fifty thousand (50,000) inhabitants ormore each9 as shown by the latest United States Census. This act further sets forth the compensation, duties, etc. of the purchasing agent in said counties.

In 

### 1939the 

### 46thLegislature passed a similar act, Special Laws, page 

### 602,authorizing the appointment ofpurchasing agents in counties having apopulation ofmore than onehundred, forty thousand (140,000) inhabitants and less than twohundred, ninety thousand (2gO,OOO) inhabitants. according to the lastpreceding Federal Census andwherein fs situated an incorporated city having apopulation in excess of one hundred and forty...thousand (140,000) inhabitants according to the lastpreceding j'ederal Census, This act further sets out the duties, compensation, etc. of thepurchasing agents.
With reference to the above mentioned acts authorizing the appointment ofpurchasing agents it is tobe noted that this department isnot passing upon the constitutionality of said acts.

Itwill benoted that Article 16l$a-1, Vernonss Annotated Civil Statutes provides that the County Auditor in counties having
a certain population shall be thepurchasing agent of said counties. In this connection, we call yolirattention to our Opinion No. o-1748, which holds Article 16:1+5a-l unconstitutional. A oopy of this opinion is enclosed foryour information.

IHonorable Esco Walter, Page 3, O-2970

It isapparent that the Legislature did not think that Article 1580, supra, authorized :he appointment of a county purchasing agent or itwould not have passed the above mentioned act authorizing the appointment of such in certain counties.
Counties, being component parts of the State, have no powers or duties except those which are fully set forth and defined in the Constitution and statutes. The statutes have clearly defined the powers, prescribed theduties, and imposed the liabilities of the commissioners' court, themedium through which the different counties act, and from those statutes must come all the authority vested in the counties. Edwards County vs. Jennings, 

### 33 SW 

### 585;Texas Jurisprudence, Vol. 11,page 

### 563.
Commissioners' courts are courts of limited jurisdiction, and their authority extends only tomatters pertaining to the general welfare of their respective counties and their powers are only those expre-sslgor impliedly conferred upon themby law, that is,by the Constitution and the statutes of the State. (Texas Jurisprudence, Vol. 11,page 

### 565, and authorities cited). According to the 1940 Federal Census, Taylor Zounty has a po ulation of forty-four thousand, onehundred, ninety-three 

### (46,193)inhabitants and does not come within any of the above mentioned statutes authorizing the appointment of apurchasing agent. We find no statute or other authority expressly or impliedly authorizing the commissioners' court ofTaylor County to appoint or employ apurchasing agent; Therefore, you are ,respectfullyadvised that it is the opinion of this department that Taylor County, acting through its commissioners' court does not have the legal right or authority to employ or appoint a county purchasing agent. Therefore, the question as presented in your inquiry, becomes moot. Trusting that the foregoing fully answers your Inquiry, we are Very truly yours ATTORNEY GENERAL OF TEXAS
s/ firdellvliilliams

Ardell Williams Assistant

APPROVED DECEMBER 18, 1940 s/Gerald C.Mann ATTORNEY GENERAL OF TEXAS Approved Opinion Committee, By B;NB Chairman