.
OFFICEOFTHEATTORNEY GENERALOFTEXAS
AUSTIN
GROVER 5ELIERS
ATIORNCYoENER*L
Iionorable W. P. RerDu, Jr.
County Auditor, Wallsr County
Hampstsad, Texar
Dear Sir: QpInI0n No. 04971
Rar Question8 oonoeming the
iaruanoe of tine warranp
and bond8 ior the ooqd.Suotion
0r 00my 00~rth0~80 add
jallr. t \
(‘-4 ‘,
We aoknowledge receipt of your oplni?m..requesik~or recent
data and quot. froln your letter aa iollpwar ‘1, \\
A’ \ ‘1. \
U&r tha above oircumetanoes oan the
Com&ionerel Court Ieaua tlm warrants against
ruture inoome, promming
VIrst: That the due date of suoh t1.m
warrant 8, or part of aam, la In the year
1946, ror which a budget has already bean
adopted, but no provision la sade therefor.
“Seohd: That the due date or euoh tIm
warrant6 Is In so318 rutura year or year8
beyond the period or the present adopted
budget.
“2. Under the abovo cIroumstanoea, does the
Coamisaionera~ Court have the authority to refund
such tIae warrants Into bonds?
“3. In case bonds are Iasued or1 1~11
without ftrst IssuIhs auoh time warrants
--+%&nstrua-
tlon 0r a new Court iiouaa, la ComIeaIoners~ court
within Its authority to Iaaue such bonds and build
auoh Court House, without first holding en eleotloa
to determine whather auoh bonds shall be Issued for
the purpose of constructing said Court House?
"4. Xy Buty as County iudltor In reference to
the above questions, and partloularlp In reference
to lay signature of approval, aa kudltor, or the
above aentloned tine warrants,
n+ * * **n
Prior to 1903 there ma no provision In our stctutes for
the Isauanoo of bonds and the courts of this state held that counties
had tha tiplied authority to Issue tI;m warrants for the construction
0r pamanent tiprore:nenta.
SometIm after thaaa dooislons, the Legislature authorized
the laeuaaos of bonda for courthouses, jaila public roads, etc.
Later, In the oasa oi Laaater v. Lopez, 21’1 &. W. 373, the Suprem
court held that It was in the discretion or the oomIeafoners* oourt
Whether thay Issue time warrants or bonds Por the oonatructlon of
thee6 permanent Iinprove!nenta.
In &Id&era v. The City of Lampaaaa, 249 S. N. 1083, error
reruaed, tho oourt stated:
*Third. It la well settled In Texas that oountlas
have power to contract for the construction of court-
houses or ror the I:a2rove~ent of pub11 o roads, on t&z
xi credit of the county. and to issue In evidenoe
of the Iodebtedneaa thereby-. create?ITF n erss -0ear n
wcxrahts 0r tr:e county, :laturing In after years. Lssater
v. iouez. 110 Tex. 179. 217 A. .i. 273: Stratton -V. Xdnney
lht~ (,kx.
COIL-~, ,~_- CIv. ;,pp.j 137 5. ;Gi. 1176; Allen v. :,berzathy
(Ter,. V&I.
,-I- .,pp.) 131 A. 2. 349; San ?atrIoIo County 0. JO-
Clae, 38 Tax. 243; Cowan v. ijugree (i’ex. Glv. .ipp.) 139
La. i. 687."
In visa of the foregoing decisions, it Is the opinion
or this deptit;aent that Xaller County, subject to the exp-eas
restrictions Imposed by the Constitution and general laws, has
powor to Issue time warrants against the nature Incozie of the
county and make same payable In part out of the 1946 taxes, In
payment for the oonatruotlon or a oounty courthouse and jail,
provided that the applicable regulations relating to the issuance
of such warrants be observed.
We partloularlp call your attention to Article2362a,
Vernon’s motated Civil Statutes, which provides generallythat
counties aaf Ieaue ~tIme warrants where oontraot Is entered Into by
and betnoon the city or county and the contractor for the construc-
tion of public bulldIngs, or the prosecution and completion of any
pub110 work where any oxpendituro la made In excess of $2,000, by
first giving notice to bidders, which notloo muet also give notloe
oi the Intention or such county to iaeue warrants In payment of all
or a part of tho oontraot prlco, stating the maximum mount 0r the
proposed time warrants, the rate of Interest such warrants are to
bear, and the maximummaturity date thereof. This notice must be
published In a newspaper published in such ooucty once a week for
two oonsocutlve weeks prior to the the set for letting such oon-
tract, the dato of the first publloation to be at least fourteen
daye prior to the date set for letting said contract. If by the
time set for letting the oontraot, as many as ten per cent of the
quallrled voters or said county, whose names appear on the last
approved tax rolls as property taxpayers, petition the oozvnIssIonerst
court, In writing to submit to a referendum vote the question or the
laeuanoe or bonds ior such purpose, then the oommIaaIonera* oourt
shall not be authorized to award said contraot unless tho proposition
to Issue bonds for suah purpose Is sustained by a majority of the
votes cast at suoh election. If no such petition Is filed, then
the CoamIaaIonera Court may proceed with the final award of the
contract and with the Issuance of raid warrants.
We further oall your attention to the faot that the
total oblI@tiona to be paid out of the pemxment iaprovemnt run&
muet not exoead the twenty-five oent constitutional provision In
any given year. Of’ course, you should a.nend your 1946 budget.
Replylug to your second question, tte Cotisslonsrs’ Court
would &ve authority to rerund legally issued tline warrants Into
bonds Rrovlded they rOllOW the provisions Or .ztiCle 2368a, yerzion*s
zjnnotated Civil Ztatutes, by r~lvlng notice of intention to issue such
iu;ldIng bonds by 9ublicatIon in a newspaper of :;ensrcl circulation
at least once a :‘rees for three successive weeks, the (date of the ?kst
publication being at least thirty days prior to the date on which It
Is 9ro)osed to ?ass the ordlnacoe authorizing the bonds. If, at any
the before the dote fixed for the issuance of suoh bccds, not lass
than ton per cent of the qualifisd 9ro:Jcrty taxpaying voters of the
cbaty, as shown by the records in the Office of County Clark, ?ray-
ing the co.xnisalonera* oourt to order an sleotion for the purpose of
subn?ittin$ the proposition to iaaus suoh bonds to a vote of the quall-
fled property taxpaying voter8 ol the county, suoh governing body
shall order at ths next mmtlng thereor an election to Im held Sin
detemuine whether or not suoh funding bond8 shall be ieeued.. In the
event no suoh petition ia preeaated, withis the tiae hereinabove
preroribed, no eleotion on the &moporition shall be required and such
oonuniasioners~ oourt shall have the power to pass all neoessary orderr
to provide for funding the indebtednear.
Replying to your third question, you are advised that the
oountr doea not have the authority to Issue bonda tor the oonstruotion
of a new aourthouue and to build such oourthouee, without first hold-
ing an eleotion and eublnitting tke proposition to a vote of the qualf-
fied toters in the oounty.
Chaptera 1 and % of Title E-2, Bevlaed 'Civil statutes, pro-
vides generally for election8 and the issuanoe of bonds ior the pUr-
poses enumerated in Article 718.
hrtiole 701 providea:
Vhe bonda of a county or any incorporated city
or town ahali nevar be issued for any purpose unless
a proposition for the issuanoe of auoh bonda shall
hero been first submitted to qualifted voters who
are property tax papers of such oountg, ofty or town.*
Artlole 718, among other things, provtdea that the Cozunis-
lfoaers' Court of a oouaty may lawfully issue bond8 of a oountp for
tb purpoue of ereotlng the county oourthouse and jail, or either.
utiole 719 provides:
"If a majority 0P the property taxpaying voters,
voting at such eleotlon shall vote in fsvoT of the
proposition and such bonds shall be thereby authorized
and shall be insued by the Cosmlseionsral Court."
Trusting t;.bt t&is answers your questions, ne are
Your3 very truly
Asaiatant