161
OFFICE OF THE ATTORNEY GENERAL OF TEXAS
Honorable X. S. Rowe
County Attorney, Lamb County
Littlefirld,Texas
Dear Sir1
W4 aokuowl4dg4r404lpt
data, and qaoto tram your 14
county i8 eon-
aultural Building,
from ths County Seat
nayI ham be413ro-
your D4partmont,aa
osition; Therefore will you
the questions as iollorrr
onor Court of Lamb County have
let a oontraot for th4 oonetruotion of
al Building in whlah to,house the County
A. A. A. Offl4e4, 4aid building to be
in a town not tho County Sect of aald
d would said Court hare the authorfty to
Wazrante, in the 4um of $ZO,OOO.OO,in
payment for the conatruotlon of au4h a building.
2. Would the Commissioners Court of Lamb County, hato
authority to order an elootion for the urpoao of dstermln-
ing whether or not Bonds in the sum of e20,OOO.OO should be
144ued for the oonrrtruotion of an Agrioultural Building, in
which to houa4 the County Agent, and the Trip14 A. oTfiO44;
said building to be oonstruotedin 4 town not the County
seat of said oounty.”
I..
Honorable El 0. Rowe, Page 2
i
The courts of this State hale repeatedly held that a
oountp oannot issue bonds unl4ss suoh powor la ozprossly oonferred
by law. Su4h is the sstablishsddootrlno in this State, and has
boon tram an early time. It was aiflrmod in the original appeal
from San'PatrioIoCounty Vs. MoClane, 44 Tex. 392, and reiterated
in Roblson vs. Rroedlooe, 61 Tex. 316; also in L4sater vs. Lopez,
217 5. W. 376.
It is also a well establishsdrule of law in this State
that a oountg subjsot to the expresssd restriotions imposed by
the Constitutionand general laws has the implied power to 188~4
time warrants In payment ror improvementswhioh j& is 4
authorized to oonstruot,provided the applioablercgulat
-F on8 ro-
lating to t~~ssuanoe oi suoh warrants are observed. (Stratonvs.
CommIssion4rs~Court0r Kinney County, 137 5. W. 1170; Cowan st al
va. Dupreo, ot al, 139 9. w. 887; Commissionors~Court or Floyd
County ot al vs. Nlohols et al, 142 S. W. 371 Iasstsr vs. Lopez,
217 s. w. 376; Adams vs. YoGIll, 146 S. W. (26) 332.)
We have railed to find a statute in this Stat4 expressly
authorizinga oounty to oonstruot the typo bulldIng montlonsd in
your request. Thoreroro, it 14 the opinion of this Department,
bssed on the foregoing dooisians of th4 oourts of this .State,that
8 oounty do48 not hato the suthority to issue time warrants or bonds . ~\,
for the ptipose of oonstruotlngen agrioulturalbuilding in whIoh
to house the oounty agent and A. A. A. ot?iaes.
Trusting that this answers your questions, w4 are
Tory truly yours
ATTORNEY QENERAL OF TEXAS
A,saistant