Untitled Texas Attorney General Opinion

EM OWNEY GENERAL, TEXAS ArmTIN 11. TEXAS PRICE DANIEL ATTORNEY GENERA,. Deoember 12, 1949 Hon. Gene Maddin opinion NO. v-962 e District Attorney Waco, Texas Re: The oonstitutlonallty of K.B, 543, 51st Leg., authorizing counties to provide exhibit bulld- lngs for horticultural and agricultural pro- ducts and to issue bonds and levy taxes to finance this pro- Dear Sir: grsm . Reference is made to your recent letter in which you asked us to pass upon the constitutionality of Howe Bill 543 (Acts 51st Leg., R.S., 1949, Ch.411, p. 764) which reads as follows: “AN ACT to authorize Commissioners Courts to purchase, build or oonstruct buildings and other permanent irprovementa ,$o be used for annual exhibits of hortfcultpral and agricultural products, and/or livestock and mineral producta of the county, and provfd- lng for the location and payment therefore authoHzing the issuance of negotiable bonds for such purpose and the levy and collection o? taxes In payment thereof; and deolarfng an emergency e =BB IT ENACTEDBY THE LEGISLATURE OF THE STATR OF TEXAS: “Qeotion 1 0 The Commissfoners Court of any county is hereby authorized to purchase, buFld, OP construct buildings and other per- manent Improvements to be used for annual ex- hibits of horticultural and agricultural pro- ducts, and/or Plvestock ahd mineral products of’ the county. Such bufldfng or buildings and other permanent improvements may be looated fn the county at such place 0~ places as the Com- missfoners Court may determine. Payment for Hon. Gone Xaddia, page 2 (V-962) such building or buildings and other permanent improvements shall be made from the Constltu- Mona1 Permanent Improvement Fund 0 “Sec. 2. To pay for such building or buildings and other permanent improvements, the Commissioners Court Is hemby authorized to issue negotiable bonds of the county and to levy and oollect taxes in paJrpent there- of, the issuance of such bonds and the levy and colleotion of taxes to be In aacordance with the provisions of Cha$ter 1, Title 22, Re- vised Civil Statutes of Texas 1925, govern1 the Issuance of bonds by cities, towna, and‘i”or aountiea in this State. “3ec . 3. The feat that thera la a great ueed in many oounties for the btildln&a here- by authoriced and the power to finance the eon- atrwtlon 0r the a8me by the iaSwMe 0r nego- tiable bonds, createa an emergewy ati an im- perative public necessity that the Conrtltution- al Rule requiring bllls to be read on three several days In eaoh Eouae, be, and the same Is hereby, suspended, and this Aot shall t&e ef- reOt andbin force rra and srter its pass- age, end it is so enacted.” This dot was pesaed by the Legislature so that the counties which desired “to purchase, build or cob- struct buildings and other permanent improvements to be used for annual exhibits of horticultural adl sgricul- turn1 products and/or livestock and mineral produots” of the county might accomplish that result through the ls- suanae of bonds. It was held in Keel vQ Pult& 10 b .Y .2d 694 (~ex.comm .~pp ,1,%8) that 2 “The power to Issue negotiable paper for public improvements, or for money borrowed for the purpose of aaqufring such Improvements, la a power which Is regarded aa being beyond the scope of power of the governing body of a c$ty OPa county unless it be specially granted S Although Article 2372d, Vernon’s Cfvil Statutes, authorices oountles to bufld the buildings mentioned in H.B.543, It was held fn Adams v. lfoGflJo 146 S.W.28 332 Hon. Gene nsddln, page 3 (V-962) (Tex.Clv.App.l9JkO, exror ref.) that: “In the cases cited above the powaP to pay for such improvements with tlma warpants seems to have been inferred from the power and duty to make 8800. On the other head, it is well establlahsd that from the duty Md BIQ~X to make these lmppovemonts the power to l#@us negotiable bonds to pay r0r aama out 0r tar prooeeds thereof Is not to be implied.* IQ tile aa* 0.10 it a.8 rtrted: “Them is ‘this intruw0 dirrt3~n~o be- tween bonds and warraMs: A bead la a us@- tlable Instrument, while a wiPrant Is r~on negotiable,” The 00&t thexoroxe hold that bonda oould w$ be issued beoawe there ~88 no authority therefor. Tkiir statute supplies that authority. We have examined both the oaption and hod7 or House Bill 543 and find that the Aot Is in oonforeltt with the Conatltut,lon in every respect and it Is, In our opinion, a valid bill. House Bill 543, Aots of the 51st Legls- lature Regular 8easion, 1949, Chapter 411, page 7k4, which empowepa counties to acWlP0 buildings Par agricultural and hoPtloulturcL1 exhibits and to issue bonds thePeiOP, Is a valid and constitutOona1 Act* Yours very Malt, ATl?ORtiBY GRRBRAL Op ‘fExrrb ATTORRRY GEHRRAL BAzmv