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 a regular s~esaion of the Taylor county Commlaaioners~ 

Court on Beoomber 9, 1940, the Commissioners Court employed 

one Roy C. Fuller as purohasing agent for Taylor County for 

the next two years. 

"On January 1, 1941, Roy C. Fullar’a brother-in-law will take 

office as oounty commissioner of preoinot No. 2 in Taylor 

County, and will at that-time be a member 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, 

or would that be a violation of the nepotism law, whioh is 

Article 432 of the Penal code, 

('1 am enolosing herewith a oopy of the nepotism law and referenoes 

to Attorney General's opinions on nepotism. It appears to me 

that under Attorney General's Op,&nion No. 467.there would be no 

violation of the nepotism law. vvhat is your opinion about this 

question?" 

Your inquiry as presented to this department involves the 

question of whether the nepotism law of this state will be 

violated under the above stated facts which raises another 

question that requires this department to pass 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 of Vernon'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 on behalf of the county, and within 

his or their powers, shall be valid and effectual to bind such 

county to all intents and purposes." 

In 1933 the !+jrd Legislature passed an act, page 11, chapter 99 

authorizing the appointment of a purchasing agent in counties 

having a population of more than one- hundred thousand (100,000) 

inhabitants, and less than one hundred, fl.fty thousand (150, 

000) inhabitants, and having a city of a population in excess 

of one hundred thousand (100,000) inhabitants. This act was 

amended~by the 45th Legislature in 1937, page 5999 chapter 301. 

This act provides for the appointment of purchasing agents in 

counties having a population of more than one hundred thousand 

(100,000) inhabitants and not less than one hundred, fifty 

thousand (15'0,000) inhabitants as shown by the latest United 

States Census, and containing two cities of fifty thousand 

(50,000) inhabitants or more 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 1939 the 46th Legislature passed a similar act, Special Laws, 

page 602, authorizing the appointment of purchasing agents in 

counties having a population of more than one hundred, forty 

thousand (140,000) inhabitants and less than two hundred, ninety 

thousand (2gO,OOO) inhabitants. according to the last preceding 

Federal Census and wherein fs situated an incorporated city 

having a population in excess of one hundred and forty...thousand 

(140,000) inhabitants according to the last preceding j'ederal 

Census, This act further sets out the duties, compensation, etc. 

of the purchasing agents. 

With reference to the above mentioned acts authorizing the 

appointment of purchasing agents it is to be noted that this 

department is not passing upon the constitutionality of said 

acts. 

It will be noted that Article 16l$a-1, Vernonss Annotated Civil 

Statutes provides that the County Auditor in counties having 

a certain population shall be the purchasing agent of said 

counties. In this connection, we call yolir attention to our 

Opinion No. o-1748, which holds Article 16:1+5a-l unconstitutional. 

A oopy of this opinion is enclosed for your information. 

I 
Honorable Esco Walter, Page 3, O-2970 

It is apparent that the Legislature did not think that 

Article 1580, supra, authorized :he appointment of a county 

purchasing agent or it would 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 the duties, and imposed the liabilities 

of the commissioners' court, the medium 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 to matters pertaining to the 

general welfare of their respective counties and their powers 

are only those expre-sslg or impliedly conferred upon them by 

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, one hundred, ninety-three 

(46,193) inhabitants and does not come within any of the above 

mentioned statutes authorizing the appointment of a purchasing 

agent. We find no statute or other authority expressly or 

impliedly authorizing the commissioners' court of Taylor County 

to appoint or employ a purchasing agent; Therefore, you are 

,respectfully advised 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/ firdell vliilliams 

Ardell Williams 

Assistant 

APPROVED DECEMBER 18, 1940 

s/ Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS Approved Opinion Committee, By B;NB 

Chairman