Honorable L. L. Roberts
Chmnty AuUitor
Hzt0bfnmson County
Stimett , Texas
Dear Sfrr
Opinion Runber o-5223
Rer Whether moneys in county
lateral road fund may be
invested in obligations of
the United States of America.
We have received your letter of April 14, 1943, in which
$a~ ask the opinion of this department upon the following queatlon:
'%oes the County have legal authority to invtist money I.XI
the Lateral Road Fund of the County ih 'United States of
Amarias y/8 Percent l?easury Certifioates of Indebtedness of
Series B-1944', or other U. 3. bonds?"
- .
Article 6674Q-8 (c), Vernon's Annotated Civil Statutes,
provf8eu as follows:
"It shall be unlawful for any county judge or any county
commissioner, while sating in his offialal capaolty or other-
wfse, to uses any money out of the lateral road acoount for
any pqose exoept the purposes enumerated in this Act. If
a7ky county judge or any aounty commissioner shall knowingly
expend or use, or vote for the use or agree to expend or use
any sum of money aocruing to any county in this state from
the lateral road accounts, for~any $rupose not authorleed-~bj
this Act, or shall knowingly make any false statement aon-
cieimfng the expenditure of any such money, he shall be deemed
guilty of a felony and upon conviction shall be punished by
c:oEfinement in the Stbte Penitentiary for not leas than two
(2) years nor more than five (5) 'gears."
RonoPable L. L. Roberts, page 2 (O-5223)
On October 15, 1942, this depar’&uent i% Opi~~iox:Y!o. O-
4906 ruled that, in view of Art.‘Lole 66788-8(a), mon@y fn ‘t*.:~
lateral road fund of a ootmty may not be l&vested in*,‘~CkC%&3ksks
War Savings Bonds. Unless our statutes have bsea okanged, we PX-Z:
hold that the m3.e of law ~0~Oea In opinion ~o;c-%m5 fs ep-
plicable to yozne question and compels a negatfve amwc(qnr,
The Forty-eighth Legislature, now iar ae,as5z0 pale& Smate
Bfll No. 199, which bill was approved by the G~VSYZXJP 0~~.Ap%Z
12, 1943. Section 1 of Senate Bill.Ho. 199 awb~m%wxd %a fn-
vestmenti of State funds in obligations of the Usait~~C&%a~%~ ~u:&Y?
certain condftions e Section 2 of said bill applies to ,$?m poll-Z-,f@al
subdivfsions of the State and provides as follows!
“That any polltloal subdivialon of the 3ta’ts of Texas
which heretofore has issued and sold bonds am? fs ?.~a:??&
to obtain labor and materials ‘to oarry out the pi-xose for
which the bonds were issued may invest the psocesc”.s of sz!r.oh
bonds now on hand ln deferis& bonds OS otkcuz?05lfga’kLe.ux;“~s of-
the Unftea States of America; prbvided, kloweve~~ %&I%V&Y:.-
ever war time or any other regulations shall perz~II%sula11
polftical subdivisions to aaquire the necessagg 1aSoc and
materials, the obligations of the United Stats6 tiU ?&&ah
said proceeds are invested shall be sold or redeemed. and
the proaeeds of said obligations 6hal.J. be used for %kmp~u?pose
for whleh the bonds of srag auoh polltical sube?ivlsLous w~zw
authorir;ed. ”
You will notioe that Section 2 iar limited &I?.scope to the
ppoceeda of bonds which have heretofore been issued bnt w%L~k
proceeds can not be used to oa%rf out the p!z??pBse fey wbieh the bonds
were Issued because of laok of mater4ala and labor. Setitlon~ 2,
therefore, does not affect the situatiion under oonsP&%%i-Bon, nor
floes it ohange the principles of law amoun%ed In Opfaio~ %z. 0-@Xk
You are, thcwefo~e, respectfu19y advised that yap q$esXan fs
amwersd in the negat,ive.
A copy OP Opinion No. O-4906 is herewLth enclose&.
very truly yours
ATTORIQZY
GElQ!EALOF ‘TECA3
By /s/ George W. Sparks
George W. Sparks
GWS-s Assistant APPROVED
~~~~~~~~~~lg43 OPINION co!4BwPTEE
Rncl,
ATTORNEY
@ENEfUL