Honorable W. C. Lindsey Opinion No. C-44
Criminal District Attorney
Jefferson County Re: Designation of drainage
Beaumont, Texas district depositories.
Dear Mr. Lindsey:
You have requested an opinion on the following ques-
tions:
"1. If the commissioners of a drainage
district failed to exercise their discretion
of providing for a district depository for the
funds of such district, must the county treasurer
transfer such funds to the county depository?
"2. May the commissioners of a drainage
district exercise their discretion of providing
for a district depository by entering into a
contract with a banking corporation in April of
the year following a general election, If the
banking corporation is not the county depository?"
Article 8149, Vernon's Civil Statutes, is the statutory
enactment which authorizes separate depositories for drainage
districts, which provides:
"The commissioners, in their discretion, may
provide for a district depository for the funds
of such district, by complying In all respects
with the laws governing the designation of county
depositories. Such depository shall give a good
and sufficient bond, approved by the commissioners,
as provided by law for depositories of county funds.
All powers vested in the Court as to the designa-
tion of county depositories are hereby vested in
the commissioners as to the funds of the district.
. (Emphasis added).
As this Article expressly vests the same powers in the
drainage districts as are vested in the commissioners court
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Hon. W. C. Lindsey, page 2 (C-44)
with regard to designation of depositories, your attention
is directed to the following statutes which we deem appll-
cable.
Article 2544, Vernon's Civil Statutes, reads in
part as follows:
"The Commissioners Court of each county
is hereby authorized and required at the Feb-
ruary Regular Term thereof next following each
general election to enter into a contract with
any banking corporation, association or indivi-
dual banker in such county for the depository
of the public funds of such county In such bank
or banks. . . ."
Article 2.549,Vernon's Civil Statutes, states In part:
I, it shall be the duty of the county
treasure; if said county immediately upon the
making of such order, to transfer to said
depository all the funds belonglng~to said
county, as well as all funds belonging to any
district or other municipal subdivision there-
of not selecting its own depository . . ."
Article 2555, Vernon's Civil Statutes, states:
"If for any reason, no selection of a
depository be made at the time provided by law,
the Commissioners Court may, at any subsequent
time after twenty (20) days'notlce, select a
depository or depositories in the manner provid-
ed for such selection at the regular time; and
the depository or depositories so selected shall
remain the depository or deposltorles until the
next regular time for selecting a depository,
unless the order selecting and naming such de-
pository be revoked for lawful reasons." (Rn-
phasis added).
In construing these statutes together, we are of the
opinion that, in answer to your first question, Article 2549
would require the county treasurer to deposit the drainage
district funds into the county depository where a drainage
district has not selected Its own depository.
However, In view of the fact that the commissioners of
drainage districts are vested with all powers vested in the
Commissioners Court in regard to the designation of a deposl-
tory, it Is our opinion that Article 2555, Vernon's Civil
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Hon. W. C. Lindsey, page 3 (C-44)
Statutes, provides for a selection of the depository at
any subsequent time. Therefore, it is-our opinion In answer
to your second question that the commissioners of a drain-
age district may select a district depository at any time
subsequent to the February term.
SUMMARY
(1) If the commissioners of a drainage
district fall to provide for a district deposl-
tory, Article 2549, Vernon's Civil Statutes,
requires that district funds be transferred
Into the county treasury.
(2) The commissioners of a drainage dls-
trict may select a district depository at any
time under the provisions of Article 2555,
Vernon's Civil Statutes,
Sincerely,
WAGGONER CARR
Attorney General
BY
Assistant
PP:mkh:ms
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
John Reeves
Bill Allen
Arthur Sandlin
APPROVED FOR THE ATTORNEY GENERAL
By: Stanton Stone
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