Hovember 30, 1948
Hon. Wm. IL Honsley Opinion Ho. V-728
Criminal District Attorney
Bexar County Court House Re: The authority of the
SW Antonio, Texes Commissioners' Court
to ilreus time warrants
to finance improve-
ments at Bexar Coun-
ty Agricultural and
Livestock Rxhibltlon
Building*
Dear Sir:
Reference ie made to 7our recent request In
vhlch 7ou included a letter to 70'00from the Ron. Charles
W. Ande~8on, Count7 Judge or Bexar Count7, vhich readsi,
la part, LI follovsr
9he Comuirsionsrs~ Court respectful-
ly requests that 7ou ask the Attorney @en-
. era1 whether or not it Is authorized to
lasue $115,000.00 of interest-bearing time
warrants for the purpose of’ improving the
grounda of the Bexar Count7 Agricultural
and Livestock Exhibition Buildinn. includ-
inf the lFdac?v grading, le?&ling and
ti lln~ t ereo an the construction of
walka,-sidewalks, drives, parkwa7s, ourba,
dralna,~r,etainlng walls, fencing and llght-
lag of mid grounds.
“The Court vould like for you to sub-
mlt in your rsguent for an opinion the fact
that the Count7 authorized $1,750,000.00 of
Bexar Count7 Wwanent Improvement Warranta,
Serlee C, 1946, dated Januar7 lsth, 1946,
for the purpose of pay- the contract price
for constructing ARrlcultural and Livestock
Exhibition Bulldlngr for Baxar County, Tox48,
and purchasing the heosmary sites thereof,
and paying claims inourred for other neces-
aary incidental sxpen444 in connection there-
with, and that a oontract vaB let which has
.
Hon. Mp. N. Bensley, page 2 (V-728)
taken practlaally 411 of thou4 funds, leav-
ing none for improving the grounds. SInas
there are no other funds available for the
above stated purposes the Coalsalonera
Court considers It necessary and dea’irable
to lsrue additional varrants and would like
to know vhether, in the opinion of the At-
torney General, It is authorized to do so
u$;;~;o Constitution and laws of the State
# . . .
rI am attaching hereto a certified copy
of the order of the Commissioners’ Court of
September lsth, 1948, authorizing the War-
rants In question which 7ou may transmit to
the Attorney General,Sor us4 by him In ren-
dering an opinlon+~w
For ths purpose of this opinion, we assume
that there are no legal obstacles to the issuance of
said warrants; 1. e,, we assume that the assessed valua-
tions of Bexar County would authorlao such lndebted-
ness, that no previous contract Sor these improvements
has been entered Into, and that the Bon& and Warrant Law
is complied with. Further it Is orpreaslg uuderstood
that w4 are not passing upon the sufficiency of the war-
rant proceedings had in this oonnectlon since we are not
furnished with the transcript of the proceedings neces-
sary for euch lssuance,~
In your request you also Included the order
passed b the Commleslonbrs~~ Court on Au@st 30, 1948,
which aaI led for the lssuancs of vwrante not only for
the lmprovsme~te to bo made on tha Bexar County A rlcul-
tural and LIvestock Exhibition Building but also kor the
purchase end installation of a heating system in the
Bexar County Training School for OIrls. However, it Is
expressly understood that we are not passing upon the
question of whether such warrant may bo Iseued for the
purchase OS the heating plant In this opinion.
Article 23726, V. C. S,, la, in part, as fol-
1ovs:
“Section 1. All oountler In the State
acting by and through their respsctive Com-
missioners’ Courts may provide for annual
exhibits of horticultural and agricultural
produots, livestock and minors1 products,
-
Hon. Wm. IL Hensley, page 3 (V-728)
and such other products a8 are of lnteroet
to th4 cosslnulit7. In ounne~ctlon therewith,
such counties ma7 also eatabllrh and maln-
taIn musoum6, Including the erection of the
necessary bulldlnge and other improvements,
in tholr ovn counties or In eny other coun-
ty or cit.7 In th4 United State$, where fairs
or expositiona am belq held,
The authorit of the county to Issue varrantr
for ths construotlon of these buildings aOd pay SOP 44m4
out of the Permanent Improvement Fund has boon u held by
the court In the case of Adams v. M&ill, 146 S. 1 .(2d)
332, error refused. Therefors, IS the improvement4 In-
quired about In the opinion request are permanent lm-
provements, It la clear that time warrants may bs Issu-
ed therefor. This Departmont has held in a hoapital
opinion V-7Qol that these types of Improvements oould be
pal4 for with perme,nent improvement moneys. Since the
contempleted Improvements are a part of the original oon-
structlon of the Exhibition Buildings, we believe there
is no doubt but that the Improvement8 Inquired about In
the opinion come within the scope of holding In the pre-
vious hospital opinion.
If the qualified voters do not want the addl-
tlonal warrants lsauod, they are not without a remedy.
They have the right under Article 2368a, V. C. S. to
Silo a referendum petition and require that the question
of issuing such warrants be eubmltted to the voter8 of
There was no referendum petition filed at
% t%%e original $1,750,000.00 worth of warrants
were Issue& by the Commlaeioners~ Court. IS suah remedy
Is not invoked within ths statutory time limit,, It is
our opinion that the additional warrants may be lasued
for the purpose of making suoh Improvements as submitted
b7 70~ In your request.
SUMMARY
The CommIssIonerat Court is authorlsed
to Issue additional warrants for the ~nnp048
of improving the rounds of the Boxer-County
Agricultural and f lvestock Hullding. Art.
23726, V. C. s.
Yours very truly,
APPROVED: , ATTORNEY GRRERALOF TEXAS
BY