Texas Attorney General Opinion: O-7388 Page: 3 of 5
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693
Hao, Alton C, Arnold, Page 3
not purport to be a ooaprehensive study of the asbjet. Referenee
is made to Opiaio No, b-64 addressed to Hon, Alton 0. Arnold,
Angleton, Texas.
Article 5, Setion 18, feas Constitation, reads in
pert as follows
* . . . . Seoh county shall ln like aanaer be
diviet into four oaaiestonrs' preciaets in each of
which there shall-be el noted by the quaitlet voters
thereof one euonty omiassioner, who sMill hold his ot-
ice for two years and until his suoessor shall be
elected and qualitist. The county omnissionars so
oosen, with the county judge as pesld offtiser,
shall compose the County oaasioners court, ieh
shtll extreise s eh powers and arieietion over all
ouanty j bA sq, as is conferred by this Constitutia
anmdthe &liw o the Stats, or a s y be hereafter press*
oribed." (mpbasis ours)
Whether or not the condemning of a seerage disposal damp
by itrqoria County for brazoriea altth Unit, is countyy business
we (o not attempt to say; the ootsa in your particular as* will
determine. "County Business" is disoussed in Texas ;urispruenep
Volume 11, p. 564, sections 37 and 38, which are as follows:
"37, Commissionrs' Courts are courts of general
Jaurirsetion when acting within the sphere of the poers
and duties conferred upon them and the Judsments of
these ocurts are entitled to the sam consideration as
those of other constitutional courts. Thair judgments
may not be collaterally atteked. They have been given
the power to punish conteapt eaaAtted against then;
and for an erroneous exercise of this power they ay
claim the iamanities pertaining to a court of general
Juridatiaotion.
"Couaissioners' Courts are courts of limiLted juris-
diotion is that their authority extends only to matters
pertaining to the pner l welfare of their respetive
counties and that their powers are f1 those expressly
or tapidyt conferred upon them by law-that is, by
the constitution and sttautes of the state.'
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-7388, text, September 14, 1946; (https://texashistory.unt.edu/ark:/67531/metapth264665/m1/3/: accessed June 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.