757
OFFICE OF THE A’IIORNEY GENERAL OF TEXAS
AUSTIN
QauDGhlAW4
-IMIL
Honorable E. 0. Ganep
County Auditor
Bexar Oounty
San Antonio, Texas
Dear Sirr
nte have aeased
n the Uistribu-
us oommouities?
equestlng the opin-
ion or this depart ted above reads in
part as follower
operating with the
for quite some
ution of surplus em-
time Bexar County has
1 Fund oi tha Gounty
store these surplus oommodi-
e with Artlole 23723-2, Vernon's
‘On Maroh 1st the agenoies of the State and
Federal Governments withdrew their support and
oeaaed to partlolpate in the distribution of sur-
plus oommoditles. However, on h&oh 9th. 1943,
the Commissioners’ Court by Court Order aooepted
from thg State Pub110 Health Department approxi-
mately sixty days supply of surplus commoditlos
I
.~ 758‘ -
Honorable E. 0. Garvey, Page 2
to be used for relief purposes only. On Haroh
13th the Commissioners’ Court by Court Order
tUrned these surplus oommodltles over to the
Aasoolated Charities for distribution to needy
families of Bexar County, the Asaoolated Chari-
ties bearing the expense of the distribution of
these oommodlties.
“Under the oondltions above stated, oan
Bexar County legally disburse funds from the
General Fund of the County to pay rent for a
warehouse to store surplus oommodltlea, slnoe
the State and yederal Governments have Oeased
to partlolpate in the distribution of surplus
commodities?
“. . . .”
In opinion No. O-2217 (Oonferenoe Oplnfon No. 3099)
thle department held in effeot that a oounty aommlsalonere~
oourt may rent a building in whioh ,to 8tore food and olothlng
furnished by the Fgderal Government for diatrlbutlon to lndl-
gents, may employs ,oase workers e0 assist in determining thoee
to whom aid must be ,extended, and may purohase a truok with
whloh to distribute suoh oommodltles, if reasonable and neoea-
sary to provide support for those parsons mentioneU in sub-
division I.1 of Artlole 2351, Vernonle Annotsted Civil Statutes.
This opinion further holds that the oommlsslonsrs~ oourts may
rent offloe spaae for Old Age Fension investigators, the 17. P. A.
and other yederal Gooernmant projeots, as suoh prOjeOte are en-
gaged in the administration of relief to unemployed and needy
people of the county.
It is stated in the foregoing opinion,
“It goes without saying that the dlsoretion
residing In the Commleslonersl Courts in suoh mat-
ters must be soundly exerolsed. If the reolplents
of suoh relief are not so indigent as to fall wlth-
la the terms of the statute, the CommlsslonersV
Court would be without authority to do any of the
things you lnqufre about. Assuming however, that
the beneficiaries of such relief are within the
statute, that a storehouse la neoessary In provid-
ing them with support, that the oounty has no avall-
abler space without renting the some, that the house
Honorable E. 0. Garvey, Page 3
rented Is OS afza and looation ooomensurate with
the need and the rent reasonable, your first ques-
tion is answered in the affirmative. . . .*
The question referred to in the quoted matter above 13 aa
followsr
.
%ay the Comaiesioners* Court legally lease
a building to be ulsed as a warshouse to store
surplus ooamodities, auoh as foods and olothing
fumi8hed by the Federal Government to be issued
to the indigents of the oouaty, and pay $100.00
per month rental for said bullding?R
In the faots stated in your letter it is noted that
the oommlsslonerr~ oourt by oourt order turned the aurplus
commodities over to the Asaoolated Charities for distribution
to needy fsmillee of their oounty and that ths Assoolated
Charities were to bear the expense of the distribution of
these oommodltles.
Ii the reoipients of suoh raliaf are so Indigent
as to fall within the terns of the statute (Article 2351,
Vernon’s Annotated Civil Statutes) the oommissloners’ court
would have authority to disburse funds from the general fund
of the oounty to pay the rent for a warehouse to store these
surplus oomaodlties. Am.uning that the beneffoiariee of suoh
relief are within the statute, we reapeotfully answer the
above stated question in the affirmative.
Ve are tmolosing herewith a oopy of opinion No,
0.2217 (Confemnoe Opinion No. 3099) for your oonvenlenoe.
Yours very truly
ATTORNXY
GhWERALOF TEXAS
Ardell Williams
Asslettit
Untitled Texas Attorney General Opinion
Combined Opinion