OFFICE OF THE A~ORNEY GENERAL 0~ TEXAS
AUSTIN
HonorableF'md Roz'ricr
CouutyAuditor
Polk Coun$y
Livingston,Texas
Bar S3.m
Your reoiat reauest fo t-
ourt,
eout,thatrbond
te that,.our BorluQlesiQi-lers
sot
Commtesi~onersof :tbeirrerrpeo-
tvw bonda; supposedlyas set out #2380, i
and 6762: mm ,oneot the tbmmlsslone~ahas MI--
fuabd 60 m&e ~onlyone bond; se set Outsin AH.4
#23&O." “ :_~
~.Aptioles 2340, 6744, and 6762~;brnon’~ Annotated Civil
Statutes;.read:r
as follows;
gcnorableFred Norris, Page ~2
"Art. 2340. Before enteringupon the
duties 0r their arflae the oountg judge and
each oommIstafozlerwhali take the~ofSlofaloath
end shall alao t&e a written oath that he vlL!
not be dlrsotlp 0r.Indlreo~tl.yInterestedLa any
contraot vltih,~
or claim against, the county In
whLch he realdes, exoept such warrants a6 may
issue to him as isca of offl.ce. Eaoh~oezmls-
sloner shall exeoute a bond to be approved by
the county Judge lnthe aumoftbmsthmmmd
dollars, payable to the county treasurer, aon-
dftioned SOF the felthful perfomawoe of the
duties OS his offlce, that he will pay ,overto
hia county ati moneys Illegallypaid to him
out of county Sunds, a8 voluntarypayment8 or
othervlre,and that he ~111 not vote or gfve
his tonsent to pay out county f'undsexoept SOP
lawful purpooes.
“Art. 6744. X&ah road superintendent
shall wlth%n tventy cl&yeafter his appointment
take and subscribe the oath requiredby the
Constitution,and give-bond payable to and to
be approved by t&s aountr judge in such m&m ee
the conmIssioner@court my S&x, oondltloned
that he will faithfullyperform all the dutier
required of htm by.law or the uoraulruionerr
oourt, snd that he vi11 pay out and disburse
the inads aubjeot to hlr oontrol as the lav
provlQee or aa+l oourt BWJJdlreot.
"&ii. 6762. In,all oountlee of thle
State; 6s &mm by the preoedlng Federal oen-
BUS to oontain as many as forty thousand In-,
habitants the members of the~commissioners
court ,shailbe ex-oSSl.cioroad ooamisalonersof
theiF respectivepreoinots$ and under the direo-
tlon OS the oomnf.sslone~scourt shall have charge
of the ttmas, tools and lrvschlnerg
belongIng
to Qmoounty and placed In the~lrhands bg
8aEd oourt. They shall superintendthe ,layfng
outiof new roads, the making or ohasging of
roads and the building of bridges under rules
adopted by eaLd oourt. Bach aommlaelonershall,
first execute a bond OS one thousand dollar8
payabze to and to be sipprovedby the eOuntY judge
Sor..ae&se and benefit of the road and bridge
fund, owdltloned that he will perform al1 the
. . .._
-, r
BonorableFred Borris, Page 3
duties required of him by lav, or by the oom-
missioners court, and that he vi11 account for
all money or #her property belonging to the
county that may o&ue into his possesalon."
Polk county has the population of 20,636 lnhabltants
accordingto the 190 Federal census.
Under Article 2340, supra, a bond for the faithful
performanceof the duties of the offloe is required OS each oom-
tissioner: Where aounty oommlsslonersare made ex-offloio road
commissionera, and in this capaolty a oommls8ioneri8 requlped
to give another and differentbond as required by Artlole 6762,
supra, Bovever, it vi11 be noted that Artiole 6762 only spplls~
to those counties containingaa many as 40,000 Inhabitantsas
shownby the preceding Federal census. It is provided by Article
6769,Vernon's Annotated Cl.vilStatutes that this law shall not
be in operation in any county unless the commissioners court
thereof in theiF judgmentmay deem it advisable,and then only
by an order OS said court when all the members are present, made
Et some regular term thereof, wcepting the provisions of said
Let and such order shall be entered on the minutes of the said
court.
We do not think that Article 6744 and Article 6762 are
Epplicableto the question under conslderurtlon. ThereSore, you
are respectful13advised that It 1s the opinion of thla depart-
ment that the commissionersof Polk Gounty do not have the legal
Nthorltg to act as ex-officioroad oommiaaloneraas contemplated
by Article'6762,snd that saSd cormniasioners are required to make
Odlg one bond aa required by Artiole 2340, Vernon’s Annotated
Civil Statutes.
Trusting~thatthe foregoing fully ansvers your inquiry,
lb are
Yours very truly
ATTORNEY OEHERAL OF TFSAS
~.APFROVEDMAR i
1, 1941
lw;RS
ATTORhrEY Gi%~RAT, 03 TEXAS