Texas Attorney General Opinion: DM-317 Page: 2 of 4
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Honorable Gerald Alan Joy - Page 2
While the commissioners court is statutorily empowered to act only where expressly
authorized, the courts of this state have allowed the exercise of broad authority, express or
implied, necessary to achieve specific goals authorized by state law. 35 DAVID BROOKS,
COUNTY AND SPECIAL DISTRICT LAW 5.11 (Texas Practice 1989); see Glenn v. Dallas
County Bois D'Arc Island Levee Dist., 275 S.W. 137 (Tex. Civ. App.-Dallas 1923),
reh 'g granted on other grounds, 282 S.W. 339 (1926), rev'd on other grounds, 288 S.W.
165 (Tex. Comm'n App. 1926, judgm 't adopted) (defining the scope of the term "county
business")'; Rodgers v. County of Taylor, 368 S.W.2d 794 (Tex. Civ. App.-Eastland
1963, writ ref'd n.r.e.). See generally Pritchard & Abott v. McKenna, 350 S.W.2d 333
(Tex. 1961) (implied authority to contract with private appraisal firm upheld).
Article 49.25 of the Code of Criminal Procedure provides for the office of county
medical examiner. The commissioners court is vested with the express authority to
establish and maintain the office of medical examiner. Furthermore, the court "shall
appoint the medical examiner [who must be a physician], who shall serve at the pleasure of
the commissioners court." Code Crim. Proc. art. 49.25 1, 2; 36 BROOKs, supra,
26.9. Although the commissioners court is vested only with the express authority to
establish and appoint to such office, we believe that it is logical to presume that the court
is vested with certain implied authority necessary to achieve this specific goal, i.e., the
authority to interview qualified applicants for the position of medical examiner.
We now consider whether the authority to interview and appoint includes the
authority to pay for the travel expenses of a candidate for such an appointment. Article
I, section 52 of the Texas Constitution provides in pertinent part:
IT]he Legislature shall have no power to authorize any county, city,
town or other political corporation or subdivision of the State to lend
its credit or to grant public money or thing of value in aid of or to
any individual, association or corporation whatsoever ....
See also Tex. Const. art. I, 50, 51. See generally 1 GEORGE D. BRADEN, THE
CONSTITLfION OF THE STATE OF TEXAS: AN ANNOTATED AND COMPARATIVE ANALYSIS
232 (1977) (explaining article mI, sections 51 and 52 of Texas Constitution). This
provision is mandatory. Texas & N.O.R. Co. v. Galveston County, 161 S.W.2d 530 (Tex.
tin Glenn, the court seasoned that the term "county business" should be given
a broad and liberal constrnion so as not to defeat the real purpose that was
intended to be accomplished by the law in providing that the commissioners'
court shall exercise such power and jurisdiction over county business as is
conferred by the Constitution and the laws of the state, or as may be hereafter
prescribed; .., . to any and all business of that county and any other business of
that county connected with or interrelated with the business of any other county
and any other business of that county properly within tie jurisdiction of such
courts under the Constitution and laws of the state.
Glenn v. Dallas County Bois D'Arc Island Levee Dist., 275 S.W. 137, 145.p. 1683
(DM-317)
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Texas. Attorney-General's Office. Texas Attorney General Opinion: DM-317, text, January 19, 1995; (https://texashistory.unt.edu/ark:/67531/metapth274126/m1/2/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.