Untitled Texas Attorney General Opinion ( 1951 )


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  • mrc ATTORNEY GENERAL CDIFTEX~~ September 10, 1951 Hon. Sam Lee Opinion No. V-1275 County Attorney Brazoria County He: ,iuthority of the commis- d-let 3n, ‘Texas sioners t court to employ and fix the compensation of an inspector to ad- vise the connissioners’ court periodically re- garding the condition of county-owned fire- Dear Sir: fighting equipment. Your request for our opinion reads in part as follows: “Article 23.51a-1 of the Revised Civil Statutes provides that the com- missioners courts in all counties of this state shall be authorized to fur- nish fire protection and firefighting equipment to the citizens of such coun- ty residing outside the city limits within the county. It further gives the connissioners court authority to purchase fire trucks and other fire- fighting equipment on competitive bids. This article further provides that such equipment shall only be purchnsed after a majority vote of property- owning taxpayers, and qualified voters have so authorized the same at a coun- ty-wide election called for that pur- pose. II. . . “An election was held in Brazoria County on the 8th day of January, 1949, for the purposes outlined in Article 2351a-1, and the same carried by major- ity vote, and warrants were issued and firefighting equipment including fire trucks were purchased. The commissioners’ court organized a county fire board con- sisting of several fire chiefsover the Hon. jam Lee, Page 2 (V-1275) county, and at the present time this fire board looks after the property without compensation. Since Brazoria County now owns considerable firefighting equipment, the commissioners court wishes to employ an inspector who would be under the direct supervision of the court and would file monthly reports with the court in- dicating the results of his periodic in- spection of all the firefighting equipment owned by the county including the fire trucks and all other firefighting equip- ment. “The commissioners court has asked me the following questions: (1) Can the commissioners court of Brazoria County employ such an inspector? (2) If the commissioners court can employ such an inspector, what would be the limitation on the salary that he could receive?” In Att’y Gen. Op. 0-4326 (1942) it is stated: “After the purchase of the fire- fighting equipment and fire trucks in the manner outlined by Article 2351a-1 it is our opinion that the commissioners’ court would have the implied authority to employ a utility man for the care and maintenance of the county fire trucks.” In Snellen v. Brazoria County, 224 S.V. 2d 3u5,309 (Tex. Civ. App. 1949, error ref. n. r. e.), it was held that “The power of counties to house the fire equipment and trucks, which the counties are authorized to acauire. so as to maintain same in a condition.of readiness for instant use is necessarily imolied. we believe in the grant of ex- press power to counties to acquire fire- fighting equipment and fire trucks for the protection of its citizens outside of city limits.” (Emphasis added.) lion. sam Lee, pace 3 (V-1275) It is our opinion, therefore, that the commlssionerst 30urt may employ an inspector to make periodic inspections of the fire trucks and other firefighting equipment belonging to the county and compensate him for such services. There is no statutory provision which speclfically.sets the salary to be paid such inspector. Article 3902, V.C.S., cited in your brief, is applicable only to deputies, assistants and clerks of district, county, and precinct ,of- ficers; and, therefore, it has no application to the inspector of firefighting equipment of the county. In answer to your second question, until the Legislature fixes the,salary of such inspector it is left to the sound discretion of the commis- sioners’ court to determine the salary to be paid. Att’y Gen. Op. V-749 (1948). S-Y The commissioners1 court has lm- plied authority under the provisions of Article 2351a-1, V.C.S., to employ an inspector to make periodic inspec- tions of firefighting equipment be- longing to the county and pay him a reasonable salary for such services. APPROVED : Yours very truly, J. C. Davis, Jr. FRICE DANIEL County Affairs Division Attorney General Jesse 1‘. Luton. Jr. Reviewing nssistant BY #;?izew Everett Hutchinson Executive Assistant Assistant BA: gs: awo

Document Info

Docket Number: V-1275

Judges: Price Daniel

Filed Date: 7/2/1951

Precedential Status: Precedential

Modified Date: 2/18/2017