THEATTORNEY GENERAL
OF TEXAS
HOMriBbleB. F. Howell CountyAuditor upton county Rankin,Texas
Dear Sir: opinionWo. O-2267 Rt?: Can the Commissioners'Court determineand pay the County Judge compensationfor his servicesas countyschool superintendent out of the generalfund or any other county fund?
Your requestfor an opinionupon the above questionhss been received end consideredby this department.We quote as followsfrom your letter:
"We find it necessaryto get youropinion to clearifythe salarypaymentof an ex officioCounty Superintendent's Salary,or ratherwhere the County Judge of a county that does not have a superintendent of public instructionacts in that capacity.
"UptonCounty,Texas is under 6000 populationand does not have a commonschool districtin the County. The County Tax Collector&as not collectany school taxes whatever. We have two IndependentSchool Districtsin this County and each of them are independentof the County altogether;each has its own assessorand collectorof taxes>and each conductsits owu affairsas its board of trusteessee fit, we have no other schools.
"ArticleWo. 3888 as amendedby Acts 1933, 44th Legislature, 2nd C. S., p. 1732, ch.447.Par. 2., providesthat where the county judge acts as superintendentof public instruction, he shall receivefor such services$900-X)0 a year a8 the County Board of Trusteesof the respectivecountiesmay provide. The amount shall be paid in manner specifiedin Chapter49, Acts of the Forty first legislature,Fourth calledSession (Art.27OOd-1),ahd in Chapter 175, Acts of the Forth-secondLegislature,RegularSession (Art 2827.)We do not have a County Board of Trusteesin this county. , -
HonorableB. F. Howell,Page 2 o-2267
"In our case as above set forth can the commissionersCourt pay the ealaryof $900.00where the judge acts as Superintendent of Public Instruction( the Countynot having a Superintendent) out of the generalfund of Upton County or my other fund of this county,and do they have power to so act in settingsuch salary.'
Article 3888, RevisedCivil Statutes,1925, as amended,providesthat:
"In a countywhere the county judge ects as superintendent of public instruatlon, he shall receivefor such services such salarynot to exceednine hundreddollarsa year as tha Couuty Board of SchoolTrusteesof the respective countiesmay provide. The amountshallbe paid in the manner specifiedin Chapter49, Acts of the Forty-first Legislature,FourthCalled Session (Art.27OCd-l),and in Chapter 175, Acts of the Forty-secondLegislature, RegulsrSession (Art.2827%). (As amendedActs 1935, 44th Leg., 2nd C. S., p. 1732, ch. 447, 2)."
Section 1 of Article27006-1,Vernon'sAnnotatedCivil Statutes,provides:
"That from and after August 31, 1930, the salaryand office expensesof the countysuperintendent of public instructian and such assistantsas he may have shall be paid out of the school funds of the commonand independentschool districts of the count.."(underscoring ours).
Thus, we find that the two statutoryprovisionsset out above, provide, in plain and unambiguousterms,who shall determinethe amount of the county judge'scompensation where he acts as countyschool superintendent and from what countyfund that compensationshall be drawn.
It is elementarythat the Commissioners' Court of a county is a court of limitedjurisdiction with only those powers and duties prescribed by the Constitutionand laws of this Stats. See El Paso v. Elam, 106 9. w. (2d) 393.
It is observedthat there is no reference,expressor implied,to the Commissioners'Court in either of the statutoryprovisionscited supra.
Further,wa find the applicablerule of constructionto be, that, where