THEATTORNEYGENERAL
OF TEXAS
June 26, 1975
The Honorable Bill McCoy Opinion No. H- 636
Ector County Attorney
Ector County Courthouse Re: Whether a county may expend
Odessa, Texas 79761 money from its general fund for con-
struction,,of a drainage ditch.
Dear Mr. McCoy:
You have requested our opinion concerning whether a rounty~may expend
money from its geIiera1 fund for construction of a drainage ditch; You explain
that the Commissioners Court of Ector County has voted to enter an agreement
with the City of Odessa whereby the county ~would contribute to the construction
of a drainage ditch. You further note that Ector County has no Flood Control
Fund.
Article 1581e, section 3. V. T. C. S., provides in part:
The Commissioners Court of any county in this State may
contract and agree with any other county, political subdivi-
sion, governmental unit, or municipal corporation for the
joint acquisition of right-of-ways, or joint construction or
maintenance of canals, drains, levees and other improve-
ments for flood control, and drainage as related to flooa
control, and for making necessary outlets, and maintain-
ing them.
The proposed contract is therefore authorized by law and is a valid ex-
penditure of county funds. In Bexar County v. Mann, 157 S. W. 2d 134,136 (Tex.
Sup. 1941). the Texas Supreme~ Court stated:
All county expenditures lawfully authorized to be made
by a county must be paid out of the county’s general fund
unless there is some law which makes them a charge
against a special fund.
Since we are aware of no special fund from which this expenditure is
required to be made, in our opinion it is to be made from the county’s general
fund.
SUMMARY
Where a county has no special fund from which
p. 2883
The Honorable Bill McCoy - Page 2
expenditures for drainage ditches must be made,
it may finance a contract for the construction of
such ditches with money from its general fund.
Attorney General of Texas
-PROVED:
jad
p. 2884