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OFFICE OF THE AITORNEY GENERAL OF TEXAS
AUSTIN
This Opinion Overru
Opinion No. O-4006.
To ut i0tt0r 0r h
0p w0n 0f.w8aaprrt#nt
ro8d8 in p8l-t88 t011owo:
don. lwontl~ in remltt;ng taxer eta.
-Will nu &vlOaw .dv%8. n8 88 to the follow-
.-a
Honorable L. L. Ceren, Tage 2
“(1) 18 there my legal authority for
operating the food atamp plan ae above out-
lined?
“(2) Can the COJBli88iOllRlt! SOUrt LLOW
deolare that an emergency and a case of giavc
pub110 necessity exirta and that this Is nec-
e88ary to meet unusual and unforeseen con&i-
tlom, thus permitting the budget to be amend-
ed?
“(3) Can the Comml6aloners~ Court legel-
ly issue general fund warrants for the pur-
pose of creating a revolving fund?”
Article 2351-17‘, Vernon* s Rnnotatec Xv11 Ztatutea,
empowers the Commlasioners* Court of any county of this State
to oreate a ‘revolving fund or funds and to make appropriations
thereto out of the general revenue of said county or countlee
to be usad by said county or oazntiss in cooperation with the
Units2 States Dspartnent of Agriculture to aid and acelat in
carrying out the purpose8 and provlslons of an act of Congrees
cf the United ttates pertaining to t!?e distribution of oo.mmo-
dltles of persons in need of aaslatenoe, under the direction
of the United States Deprtmnt of Agriculture. The only fund
out of which stamps, as above mentioned, may be purchasedI;
a revolving fund eet up, Is a general fund of a county.
the funds are avallabls, the revolving fund and the necessary
operating expenses oan be set up out 0r the general fund.
Under the facts s’ated ln your letter, there are no avail-
8ble funds in the general fund of your county shioh can be used
in setting up the revolving gund. Xe think that the proposed
lrsuanoe of warrants as described in your latter would be in
effect borrowlng money by the oounty for the above zentloned
purpose.
It is etated in Texas JUri6prUdenCe. Vol. 11, p.
664:
“. . . The commissioners* oourt has no au-
thority to borrow money by moan6 of warrants;
thla may be done only by the issuing of bonds. i
. . . (I
The oa8e of Aehby, et al v. Tames, et al, 228 2. .‘:.
732, ikzong other things, holds that counties cannot borrovi
money by irwing warrents.
Yonorable L. L. Geren, Pegs 3
It Is state:! In Zorpue Jurle seoundum, Vol. 20,
p. 1079:
.*Countlen, belne oreaturea of statute,
and posees8ln,5 no powers not granted
~y’o~n8tltutlonal provision of statute, .
are eenerelly held to have no power to bor;oG
?poney, unleea expressly euthorized SC to do
by conetltutlonal or etetutory provlelon;
and this power will not be izplled.W
%lth reference to setting up a revolviap fun6 by
flrtae of Article 2351-17, su9ra, It Is state? in our opin-
ion No. O-4003:
“If no funds are available imd the
amount required does not exceed the ascunt
of current revenues reasonably ex?ectod or
ccntesglated by the oounty, ordinary warrants
may be lsauerf for the came.”
Tie .think that this statemnt is contrary to the
above eeutloce6 authorities aI?d therefore rtxprsnely ovcr-
rule that. portico of said opinion No. 0-4OC6 quoted above.
;.e bava carefully conridered the cesea of 3erar
county v. Ziatley, 150 Z. ‘$. (26) 980; Speare V. Z1t.g of South
?Zoouatoni 150 L. :5. (2d) 74 and BeJar County, et al v. Mann, -
157 5. %. 154, acd we 40 not think that these cases are ap-
plicable to the questions here involved and do not authorize
the borrowing of money by a county by Irsuing warrants a8
above seisntloned.
In vie::of the foregoing authorities, we respect-
fully answer your flret and third questions in the negative.
33 xe Sve ansr;ersd these questions in the negative your
second question reqalres no answer.
Ycure very truly
AFFkO’E3 333. 26, 1942
/II/ 0 rover Sellers
Ardell :;‘lllia~~s
Atsistent