OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN
OCIIALDc. MANN
*.1-- . ..uAL June 5, 1939
Eonorable A, J, Brym, Jr,
Crlmlnal Dirtriot Attorney
Elllsboro, Texas
purpose when raid
atea prior to the
oseds are aotually
6, requesting our opinloa
on the above in raots whioh are,
bridly, as f
,000 road bond irsue for tlie
ing and operating maoaaamlred,
lkes, or in aid bheraof, 8
oooparatlon with fhe Works
that prior to the rale of the
that the election had raaultrd
tain W. P. A, projeot.6 whloh wwre~lntendod
oaontyq.Lde road oonstruotion oontemplatad
e. This a&ion lnourred oortaln bills or
money was aotually~a~allable Iron the sale
before thr appointment cbf a road sriperintsn-
bed by. the special Hill Oounty road’law, being
Houss Bill No. 500, Ohaptsr 53 of the Speolal Lawa of Texas,
passed by the Thirty-sixth Legislature.
It ooours to un that the anmer to this question must
ultimatsly tost upon the datarmlnation of whether the wo& ~OIZN
Honorable A. J. Bxyan, Jr., Juno 5, 1939, Faga g
was suoh aa would hare been gone 19 anj lyent or that would
have
. . .been
.. _larmntial
_ to the laaoarpllrhment of the purpose for
wnlon tne ctonas were v0t0a. It tha I*terrlnbtlon 18 in iavor
of the nooossltp of muoh work having been dolie to thr ultimate
aooompllahmentof the lntendod purpose of the bond laaue, than
it la the oplnlon of thlr departmentthat the bill8 inourrad,
as reoited in rour letter, are properly ohargaableagainst the
p?oeeda of the bond sale. Otherwlae, such obligationwould
be & oharge only against the road and brlbge fund of the
county.
In an6wer to rour roooixlquestion, it lr our opinion
that Sollowing the appolntwnt OS the road Buperlntendent,it
beoomom hl,mduty to detrtinr.the propriety ot the work done,
a na ii h a finds lmno to hate been work 8uoh a# he would hnve
nquired in the alrohar e of hIa autlea or oiilae, than ho aan
pr;rsly approve 8uoh bfl11 or obligation in tjmt brhalf in-
l
Tha question8 rubmlttod are prlmarll~ que8tlona of
iaot than of law, and onoo the facts are determinedwe
rather
think the Sor8going oonolualon 08~1propbrlr bo follqwed by the
County AuQltor in allowing or dl8allowingthe paymnt of suoh
blllm.
Very truly yourn
All’ORNEY OENXFAL OF TEXB
A!X"l'O?UGXdENERAL
OFTEXAS
I
Untitled Texas Attorney General Opinion
Combined Opinion