Untitled Texas Attorney General Opinion

, mm A’ITORNEY GENERAL OF TEXAS Honorable R. S. Wychc Opinion No. O-3820 County Auditor Gregg County Re: Commisstonars’ Court does not Longview, Texas have authority to transfer auto registration fees to the Officers’ Dear Sir: Salary Fund. Your request for opinion upon the following stated question: *Has the Commissioners Court authority to transfer auto registration fees to the officer’s salary fund?” has been received and carefully considered by this department. ~. After providing that the automobile registration fees which the county ts permitted to retain shall be placed to the credit of the Road and Bridge Fund of the county, Section 10 of Article 6675a prescribes the dis- position of such portion of the Road and Bridge Fund as follows: ” . . . None of the monies so placed to the cre.dit of the Road and Bridge Fund of a county shall be used to pay the salary or compensation of any County Judge or County Com- missioner, but all said monies shall be used for the construc- tion and maintenance of lateral roads tn such county under the suoervision of the County. Ennineer. - if there be one. and if there is no such engineer, then the County Commissioners Court shall have authority to command the services of the Division Engineer of the State Highway Department for the purpose of supervising the construction and surveying of lateral roads in their respective counties. All funds alla- cated to the counties by the provisions of this Act (Arts. 6675a-1 to 66758-14; P. C. Art. 807a) may be used by the counties in the payment of obligations, if any, issued and incurred in the construction or the improvement of all roads ’ including State Highways of such count&s and districts there- in; or the improvement of the roads comprising the County Road system.” (Underscoring ours) Honorable R. S. Wyche, Page 2 (O-3820) The case of Stovall v. Shivers, Civ. App., 75 S.W.2d 276, affirmed (Comm. App.) 103 S.W.2d 363, on page 367 of the latter opinion, contains the following statement wttb respect to the above quokd section: *As to that portion of automobtle raptstratton fees retained by Van Zandt County, Article 6675a-10, Vernon’s Annotated Civil Statutes, expressly provides how same shall be expended, and for that reason it is obvious that Article 6740 has no applicatton to same.” This department has repeatedly ruled that such registration fees must be expended in accordance with the statute. We quote from opinion No. O-1091 of this department as follows: ‘As for that portion of the county road and bridge fund consisting of automobile registration fees paid into the fund. ofArticle 6675a, Section 10. is controlling. It is our opinion that in expending this portion of the fund for the purposes ex- pressly set out in Section 10 of Article 6675a, the commis- sioners’ court of the county shall regard the roads and high- ways of the county as a system to be built, improved and maintained as a whole to the best interests and welfare of all the people of the c.ounty and of all the precincts of the county. ” We quote from opinion No. O-3171 of this dapartment.as follows: “Since the Legislature has specifically provided that such regtstration fees shall be expended for specifiq pur- poses , those fees may not be legally expended for any other purposes, nor may they be credited to any fund except the Road and Bridge Fund as directed by the statute; and when so credikd the Commissioners’ Court may not transfer them, or any part thereof, to any other fund of the county.” It is our opinion that your questi,on should be answered in the negative, and it is so answered. Very truly yours, APPROVED AUG 13, 1941 /s/ Robert E. Kepke ATTORNEY GENERAL OF TEXAS Acting Attorney General of Texas W JF:GO:tiw i. By /a/ Wm. J. Fanning Wm. J. Fanning, Assfsmnt APPROVED Opinion Committee By: /s/ GWS. Chairman