                     THECATI-ORNEY     GENERAL
                              OF TEXAS
    Gerald C. Mann                AUSTXN.I~.   TEXAH

AlT‘.RNyrY     QKNLDKAL                                April   20, 1939
                                                       (See O-638-A (Conference
                                                       Opln. 307.3)      ;'
   Hon. Ralph Logan                  Opinion No. O-638
   County Attorney                   Re:   Authority of Commllasloners Court to
   Tom Green County                  expend county funds for transportation    of
   San ,Angelo, Texas                W.P.A. workers engaged ln drilU,ng, wells
                                     and testing the mineral contents of water
   Dear 812-t                        in the county.                   <*

              With reference  to your letter of April 10th .to hhioh.the
   above opinion ,number has been assigned,  kindly be advised that same
   has received the attention   of this Department as per your, request
   contained therein which reads:                              ,‘:
                  Wan the Commissioners’ Court legally   expend co&y
             funds for transportation   of WPAworkers engaged ln drill-
             ing wells and testing the mineral content of water ‘over
             the county--such  work being supervised by the Board of
             Mater Engineers with the purpose of preparing ‘a statisti-
             cal map?”
              Article  5, Section 18 of the Constitutlion of Texas,            creat-
    lng the Commissioners’ Court, reads in part as follows:
                   I’D.. .The County Commissioners so chosen, with the
             county judge, as presiding     officer,   shall compose the
             oounty Commissioners1 Court, which shall exercise       such
             powers and jurisdiction    over all county business,    as.is
             conferred by this Constitution       and the laws of the State,
             or as may be hereafter    prescribed.”
                The Commissioners’ Court of a county is a areature   of the
    Constitution   under Article  5, Section 18, and its powers are limited
    and controlled   by the Constitution   and the laws passed by the Legis-
    lature .--Commissioners’   Court of Madison County et al vs. Wallace et
    al--(Supreme   Ct .) 15 SW 2nd 535.

              We are unable to find any statutory  authority,, expressed or
   implied, granting to the Commissioners ’ Court the power to expend
   county funds for the transportation  of W.P,A. workers engaged in test-
   ing the mineral content of water throughout their respective     counties.
   The fact that such work is supervised by the Board of Water Engineers
   would have no weight upon the question of whether or not the Commis-
   s%ohers’ Court had such authority.   There being no statutes on the sub-
   ject,  such project in question would not come within the meaning of
Hon. Ralph Logan, page 2       (O-638)


“county business” over which the Commissioners1 Court can exercise
a general authority, in the absence of special powers specifidally
conferred by the Constitution and laws of this State.--Bland   vs.
Orr, 90 Tex. 492.
            It Is therefore,   the opinion
                                       of this Department that the
Commiseioners~ Eourt Is unauthorized to expend county funds for
transportation of W.P.A. workers engaged In drilling   wells and test-
ing the mineral oontent of water over their respective   counties.
                                             Very truly   yours
                                             ATTORNEY
                                                    GF&XBALOF TEXAS

                                             By /s/ Wm.J. R. King
                                             Wm. J. R. King, Assistant
~APPROVEDt
/s/ Gerald C. Mann
BTTORHEY  GENERALOF T&X&S
See Conf.   Opin. 3073
WnIC:
    AWxwb




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