Untitled Texas Attorney General Opinion

Hon. William H. Scott Onlnlon No. S-03
Criminal District Attorney -
Harris County Re: Duty pf Criminal District
Houston 2, Texas '~ Attorney of Harris County
generally In civil matters
and to represent Harris
County Flood Control Dls-
Dear Sir: trlct.
You have stated In part:
"It has been customary for the Ciminal
Dlstrlct Attorney of Harris County to prose-
cute a certalh limited number of civil pro-
ceedlngs, slicfi
as condemnation cases for
right of.way for State and,County roads on
request of the Commlssloners':Cb~t. They
now request to know whether ~'ornot my of-
fice will assume general,r,epres'entatlonof
Harris County Flood ContrbA District In all
legal matters, lncludlngall.~ults~ by or
against It, In the several District and
County Courts. I am lnformed'there la a
substantial volume of this work."
After stating tie above"facts you propound
the following three questlone for answer by this office.
* (1) Does the,law Impose tipohthe crlmlnal dls-
trlct attorney of~,HarrlsCounty any 'dutyto represent it
in civil litigation generally other ~than to render opinions
and give advice for the guidance of officers as-provided
In Article 334,R.S., 1925?
(2) Does the law impose upon the criminal dis-
trict attorney of Harris County any duties with respect
to rgpresentatlon of Harris Count? Flood Control District
In prosecuting and defending Its litigation?
assistants{3)
Would the use of county funds to pay my
salaries and expenses to represent the Harris
County Flood Control District constitute an Illegal use
of county funds?
- .

Hon. William H. Scott, page 2 (S-03)

In the creation of the office of Criminal Dls-
trlct Attorney, all the duties of county attorney devolved
upon the criminal district attorney of the district,
which Includes civil actions and matters Incident to and
contemplated by the Constitution and statutes of Texas.
Tex. Const.,Art. V, Sec. 21; Art. 52-43, V.C.C.P.~
The predominant purpose of the Constltutlon,ln
creating the offices of district attorney and county at-
torney was to make It the primary function of these of-
ficers to prosecute criminal cases, as stated-by the
Supreme Co&t In the case of Brady-v. Brooks, 99 Tex.
366,89 S.W. 1052 (1905).
The Harris County Flood Control District was
created by Chapter 360 Acts 45th Legislature, Regular
Session, 1937, page 714.
Among other things It was provided in the above
act that the County Judge,the County Commissioners, the
Assessor-Collector of Taxes, and the County Treasurer
were required to perform all the duties In connection
with the Flood Control District required of them by law
In connection with official matters for Harris County,
and the County Auditor was made the Auditor for the
Harris County Flood Control District.
While the Harris County,Flood Control District
Is under the commissioners court for administrative
purposes, none of 'the debts or expenses of operation
Is to be paid out of county funds. And this would be
true of the fee or expenses of an attorney employed to
represent the Dlstrlct. Harris CouzityFlood Control
Dlst. v. Mann, 135 Texi 239; 140 S.W.2d 1098. (194Or.
SUMMAFCY
The lar dgee not Impose upon the criminal
district attorney of Harris County any duty
to represent the county generally In civil
matters, other than to render opinions and
give advice to county and preclfictofficers,
except 'suchas Is required by statute In
certain cases. The law Imposes no duty upon
the Criminal District Attorney of Harris
County to represent the Harris County Flood
.
, .

Hon. Willlam H. Scott, page 3 (S-031

Control.Dlstrlct ln civil cases. Harris
County Is not authorized to pay attorneys
for the Harrla County Flood Control Dls-
trlct.
APPRQVED: Yours very truly,
J. C. Davis, Jr. JOHNBENSHEPPERD
County Affairs Divlsloh ~Attorney General

Willis E. Gresham *
Reviewer
Bya.-
Robert S. Trotti B. Duncan Davis
First Assistant Assistant

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