Texas Attorney General Opinion: O-178 Page: 3 of 4
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Hon. dgar I. Payne, February 25, 1939, Page 3
the value of the privilege granted. The court did not
pass upon the question of the renting or leasing of
office space but clearly draws a distinction as to of-
flees. The opinion contains the following language:
*Of course, we recognize that if the
Comissioners' Court should lease for the
purposes indicated space that was needed
for county officers or other purposes or
should grant a lease for such a time as to
reasonably interfere with the right of the
court to regulate the use of the eourhouse,
or should materially interfere with the use
of the courthouse as a whole for the pur-
pose for which it is intended, said court
might thereby exceed its jurisdiction or
there might be a clear abuse of discretion,
in which event the district court in the
exercise of its supervisory power would
have a rirlht to intervene."
In view of the quoted language employed, we
do not believe the effect of Dodson v. marshalll, supra,
could be relied upon to change the general rule, sup-
ported by the great weight of authority as stated in
the following language of Corpus Juris 15 C. J. 537):
"In aoordance with the general rule
heretofore stated that county boards or
county courts have no powers other than
those conferred expressly or by necessary
implication, such courts or boards have
no power to rent or to lease property or
franchises owned by the county in the
absence of statutory authority so to do."
(See authorities cited under this text)
We find no constitutional or statutory authori-
ty in Texas for the renting of ooices in courthouses.
In our opinion the only space the Conissioners' Court
would be authorized to rent or lease would be that clear-
ly not needed for county business, and then only for
purposes serving publie convenience or necessity.
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-178, text, 1939; (texashistory.unt.edu/ark:/67531/metapth257363/m1/3/: accessed October 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.