AUSTIN - The Office of the Attorney General (OAG) cannot conclude as a matter of law that Hardin County may maintain an outfall ditch on private property, states a recently issued opinion.
Records show Matthew Minick, the county attorney for Hardin County, submitted the opinion request, asking whether an elected county commissioner may use county equipment and labor to maintain an outfall ditch that lies solely on private property.
On Feb. 16, Paxton issued an opinion finding that a single county commissioner may have limited authority to act independently with respect to county roads in his or her precinct, but absent such authority, a county acts through the county commissioners court.
The opinion found that while in some instances state law authorizes a county to provide for drainage in connection with public roads, which could include the maintenance of a ditch, any such use of county labor and resources on private property must comply with article III, subsection 52(a) of the Texas Constitution.
The subsection prohibits the gratuitous payment of public funds for a private purpose.
“Thus, this office cannot conclude as a matter of law that Hardin County may maintain an outfall ditch on private property,” the opinion states.