The Honorable Jack K. Williams President Texas A&M University College Station, Texas 77843

Dear Dr. Williams: Opinion No. H- 2:2
**Re:** Whether statute authorizing expenditure for assistance in agriculture, home economics, etc., will cover mariculture - the marine version of agriculture Your question to us is whether a Texas County may legally expend monies for the salary and travel expenses ofa County Extension Agent (Mariculture and Fisheries) whose purpose shall be the “establishing and conducting cooperative demonstration work and diffusing useful and practical information on maricult ure and fisheries relating toagriculture and home economics” appoint,ed by the Texas Agricultural Exten**soon** Service **pursuant** to the Smrth-Lever Act (7U. S.C. 341 et seq. ). For our purposes “mariculture” may be defined as “the cultivation of marine organisms by explotting therr natural environment. ” Webster’s New Collegiate Dicrionary (1973). -~- The Smith- Lever Act, first adopied in 1914. now provrdes:

$341. “In order toaid in diffusing among the people of the United States usef~bl and practical information on subjects relarlngto agriculture and home econ?

__ ___~..~_--~ 3, and to encourage the application ofthe same, there may be ,onrlnued or inaugurated in connection with the [land gran:] college or c,olleges in each State, Terrj,tor~y. or possess;x~~. . . . agricultural extension work which shall be ,~arried on in cooperation with the Ur.;:ed Stares Department ofAgriculture:

. . . *” (emphasis added). -

The Honorable Jack K. Williams, page 2 (H-272)

$342. “Cooperative agricultural extension work shall consist of the giving ofinstruction and practical demonstrations in agriculture and home economics and subjects relating thereto topersons not attending or resident in said colleges inthe several communities, and imparting information on said subjects through demonstrations, publications, and otherwise and for the necessary printing and distritxtion ofinformation in connection with the foregoing; and this work shall be carried on in such manner as may be mutually agreed upon by the Secretary ofAgriculture and the State agricultural college or colleges.
. . .” (emphasis added) Federal funds are appropriated tofinance the program.

In Texas, the program is administered under the auspices ofthe Texas A&M University, pursuant toArticle 164, Vernon’s Texas Civil Statutes, which reads:

“The Commissioner’s Court ofany county ofthis State is authorized to establish and conduct co-operative demonstration work in agriculture and home economics in co-operation with the Agricultural and Mechanical College of Texas, upon such terms and conditions as may be agreed upon by the Commissioners’ **Court** and the agents ofthe Agricultural and Mechanical College of Texas; and may employ such means, and may appropriate and expend such sums ofmoney as may be necessary to effectively establish and carry on such demonstration work inAgriculture and Home Economics in their respective counties. ” (emphasis added) We have had occasion to refer to the limited powers ofa commissioners court on many occasions. See, for example, Attorney General Opinions H-45 (1973), H-51 (1973), H-127 (1973). Accordingly, ithas been held that such a court lacked authority to employ aco-ordinator ofvarious groups

p, 1272The Honorable Jack K. Williams, page 3 (H-272)

interested in eliminating Johnson grass [Attorney General Opinion O5753 (1944)], likewise lacked authority to employ aperson todemonstrate rat or gopher control [Attorney General Opinion O-6471 (1945)], and lacked authority to spend county funds to dredge achannel to be used by fishermen [Attorney General Opinion O-440 (1939)]. The first two ofthese cited Article 164.

On the other hand, based on the authority ofArticle 164,V.T.CS., commissioners courts have been held topossess rather substantial powers tobuild abuilding tohouse the demonstration agent, etc. Attorney General Opinions O-2516 (1940); O-620 (1939); M-654 (1970).

Thus, the question we must answer is whether the authorization ofArticle 164is sufficiently broad to include the duties ofdemonstrators in mariculture within the classification of ‘!agriculture and home economics. ” Our function, like the function ofthe courts, is to determine legislative intent and give effect to it. 53 Tex. Jur. 2d, Statutes, $$119 etaseq., p. 168et seq.

The first state authorization for farmers’ demonstration work in Texas was in 1911with the enactment that year ofastatute (Acts 1911, 32nd Leg., ch. 62, p. 105)authorizing such work “along the same lines as this work is and may be conducted by the United States Department ofAgriculture. ” A similar statute was enacted in 1917(Acts 1917, 35th Leg., ch. 35, p. 56) authorizing canning demonstrators. In 1927, these statutes were amended toread as Art. 164now reads (Acts 1927, 40th Leg., ch. 6, p. 9). The purpose of the amendment we believe is shown by the emergency clause ofthe Act:

“SEC. 2. The fact that the present law authorizing cooperative demonstration work inagriculture and home economics is inadequate, and the fact that on account of such inadequacy, many counties ofthis State are prevented from effectively carrying on such demonstrarlon work m agriculture and home economics; and the fact that itis for the best interest ofthe State that such couniies should be authorized as early as

p, 1273The Honorable Jack K. Williams, page 4 (H-272)

possible to inaugurate such work, creates an emergency and animperative necessity requiring that the constitutional rule requiring bills to be read on three several days be suspended, and the same is hereby suspended, and this Act will take effect and be inforce from and after its passage; and it is so enacted. ” In our opinion Article 164is intended to give to county commissioners extremely broad powers toinstitute demonstration programs inagriculture and home economics, using those terms in their broadest senses. As used in the statute, we believe “agriculture” was intended to mean, inaddition to the cultivation and harvesting of crops (its narrow definition), the science and art ofproduction ofplants and animals useful toman, and the preparation ofthese products for man’s use, including farming, horticulture, forestry, dairying and mariculture, as defined earlier in this opinion.

We therefore answer that in our opinion aTexas county may legally expend monies for the salary ofamarine agent toperform the duties outlined inyour question. SUMMARY The program ofdemonstrations inagriculture and home economics authorized byArticle 164,V.T.CS, is sufiiciently broad toinclude demonstrations on mariculture and fisheries relating to agriculture and home economics. Very truly yours, A 

# ci Attorney General of Texas

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### TheHonorable JackK. Williams, page 5 (H-272)

DAVID M. KENDALL, Chairman Opinion Committee -



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