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 BpD: am
Untitled Texas Attorney General Opinion
Court: Texas Attorney General Reports
Date filed: 1953-07-02
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