1939 Book 6 Texas Attorney General Reports and Opinions 1 (1939)

handle is hein.sag/sagtx0163 and id is 1 raw text is: THE ATTORNEY GEN  RIL

GERALD C. MANN           AurNWN 1, T!:X.AS
Afrrlgfl -l G EERL
Hon. L. R. Thompson
County Auditor
Taylor County
Abilene, Texas
Dear Sir:
Opinion No. 0-1001
Re: Can the commissioners' court
legally make donations to the
Tuberculosis Association, to
the American National Red Cross,
or to any other charitable or
other organization making re-
quests for such donations?
Your request for opinion upon the above stated question
has been received and considered by this department.
We are unable to find any constitutional or statutory
authority for the expenditure or donation of county funds by the
commissioners' court for the purposes above described.
The courts of Texas have repeatedly held that county
commissioners' courts may exercise only such authority as is
conferred by the Constitution and Statutes of this State. There
are abundant authorities to this effect. We cite the following:
Article 5, Section 18, Texas Constitution;
Article 2351, Revised Civil Statutes of Texas;
Tekas Jurisprudence, Vol. 11, pages 563-566;
Bland vs. Orr, 39 SW 558;
Nunn-Warren Publishing Company vs. Hutchinson
County, 45 SW 2nd 651;
Hogg Vs. Campbell, 48 SW 2nd 515;
Landman vs. State, 97 SW 2nd 264;
El Paso County vs. Elam, 106 SW 2nd 393;
Hoard vs. Henderson County, 116 SW 2nd 2791;
Dobson vs. Marshall, 118 SW 2nd 621;
Mills County vs. Lampasas County, 40 SW 404.
This department has repeatedly ruled to the same-effect.
For example, opinion No. 0-591 of this Department held that the
commissioners' court of Galveston County, Texas was without

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