No. V-0101 (1947).

• Case Date: March 22, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0101 (1947). 1March 22, 1947Hon. R. S. WycheCounty AuditorGregg CountyLongview, TexasOpinion No. V-101Re: Authority of a County to make contribution to an incorporated city for the purpose of constructing an airport and to purchase fire fighting equipment.Dear Sir:Reference is made to your letter of March 3, 1947, in which you request the opinion of this department on the questions:

"Has the Commissioners' Court authority to make a contribution out of the Permanent Improvement Fund to the City of Glade-water, an incorporated city of Gregg County, for the purpose of constructing an Airport near that City; said Airport to be owned and operated by that City?

"Has the Commissioners' Court authority to contribute funds to incorporated cities in Gregg County to purchase fire fighting equipment to be used outside the City limits?"

Section 18, Article V of the Constitution of Texas provides for the division of counties in commissioners' precincts, for the election of county commissioners, and limits the powers of Commissioners' Courts as follows:

"The county commissioners so chosen, with the county judge, as presiding officer, shall compose the County Commissioners' 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."

In Mills vs. Lampasas County, 40 S. W. 403, 90 Tex, 606, decided in 1897, the Supreme Court had2under consideration powers of Commissioners' Courts and said:

"In our opinion it is not true, as counsel for the appellant county insists is his elaborate written argument, that the constitution confers upon Commissioners' ^any general authority over county business, but merely gives then such special powers and jurisdiction over all county business as is conferred by the Constitution itself and the laws of the State, or as might be hereafter prescribed."

In 1942, the ^case of Galveston H. and S. A. Ry. Co. vs. Uvalde County, 167 S. W. 2nd 305, was decided by the Court of Civil Appeals at Galveston and a writ of error was refused in that case. Among other things the Court said:

"The Commissioners' Court of a county has only such powers as are expressly or by necessary implication given it by the Constitution and statutes of this State, Sex.

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