TJEE,~TTORNEY GENERAL
OF TEXAS
March 1, 1939
Hon. Chas. R. Martin
County Auditor
Harrison County
Marshall, Texas
Dear Sir: Opinion No. O-236
Re: Will publication of lnfortitlon
called for in exhibit "b"'comply
with requirements of Article 1636,
Revised Civil Statutes,_.
19251
-'Your request for an opinion on the above stated ques-
tion has been received by this office.
-.We have the fo??msof'affidavit-of Commissloners' '~-.
Court as to county finances ana order approving coiintytrea-
surer's Yeport, submitted by.you, marked exhibit "a" in Pea
pencil; alsb, another form marked exhLbFt "b" in red-‘pencil
which 7611want to publish in lieu of the affidavit markga ex-
hibit 'a" in order to reduce expenditures in the pub1Ication
bf the county treasurer's quarterly report in a newspgper ~i.inder
g.n;ie virtue of Article 1656 of the Revised ClvFl Statutes of
.
You state in your letter that in the past the affi-
davit of the Commissioners' Court as to county finances and
the order approving county treasurer's report have both been
published in a newspaper.
Article 1636, Revised Civil Statutes of Texas, provides
as follows:
"When the commlssloners court has compared
and examined the quarterly Feport of the trea-
surer, and found the same correct, It shall cause
an order to be entered upon the minutes of the
court, stating the approval thereof, and reciting
separately the amount received and paid out of
each fund by the treasurer since the preceding
treasurer's quarterly report, and the balance of
such fund, If any, remalnlng in the treasurer's
hands aiidthe court shall cause the proper credit
to be made In the~'accountsof the treasui;ek;,
in
accordance with said orclep. Said court shall
TTon.Chas. R. Martin, March 1, 1939, page 2 o-236
actually inspect and count all the actual cash
an4 asse.tYin the hands of the treasurer belong-
ing to the county at the time of the examination
of his said report. Prior to the adjournment
of each regular term of the court, the county
judge and each commissioner shall make affidavit
that the requirements of this article have'been
in all things fully complied with by them at said
term of said court, and that the cash and other
assets mentioned in said cbunty treasurer's
quarterly report made by said treasurer to said
court, and held by him for the county, have been
fully inspected and counted by them giving the
amount of said money and other assets In his
hands. Such affidavits shall be filed with ttie
county clerk ana recorded In the minutes of sti3.d
court the t&rm at which the same were fllG:d;and
the same shall be published in some newspaper pub-
lished in the county if there be a newspaper pub-
lished In the county, for one time."
We understand from your letter that i.iis the lnteiltlon
of the Cotiissloners' Court to continue to use the forms marked
exhibit "a",to be filed and entered-'uponthe minutes of the
Commissioners' Court.and the form'marked exhibit "b" is to Be
published in lieu of the form of affidavit marked exhibit IIa'-
which will be the form actually used and entered upon the mtn-
utes of the CornmissIoners'Court.
Article 1636, supra, provides that:
"Such affidavits shall be filed with the
county clerk and recorded in the minutes of said
court the term et which the same were filed; and
the same shall be published In some newspaper
publlshea in the county if there be a newspaper
published in the county, for one time."
Yourare respeztfl1l.gad.visedthat it is the opinion of
this Department that the form marked exhibit "b" does not comply
with Article 15$ antitint t%e &fPFriavitof the Commlssioners
Court as io eour,tyffnonces which Is filed and entered upon the
minutes of the cou-t zikl,ist
be published in a newspaper and no
&her affidavit may be p?Gblisheain lieu of the affidavit actu-
ally on file &nd ento-ed upon the minutes of the court.
You are further advised that It is not necessary to
publish the order app:?ovingthe countg treasurer's repo-t in
that Article 1636 reqliiresonly'the affidavit of the Commis-
sioners' Cour% as to county finances to be published.
Hon. Chas. R. Martin, March 1, 1939, page 3 O-236
Trusting that the foregoing answers your inquiry, we
remain
Very truly yours
ATTORNEY GENERAL OF TEXAS
By s/Ardell Williams
ArdeUWilliams
Assistant
AW:AW:wc
APPROVED:
s/Gerald C. Mann
ATTORNEY GENERAL OF TEXAS