Apll 

Hon. w!mlam A:~Hensley 

Criiaiinal bistrist Atty. 

Baar county -- 

San Antonio 5, Texae 

12, 1949. 

Oplnlon ro.~p-808. 

Rsr T&i Ugallty OS UWxLng 

warrants to purchase 

steel illrug squiplnent 

for the vaults of the 

County Clepk. 

. 

Dear xr. Rensl~t 

You have requested an opinion on the follow- 

"The CoimalssIons~S~' Coilrt of Bexar county, Texas, has requested that I submit to you 

certain questloas regarding the purchase ore 

steel filing squipment fbr'the vaults oi'the 

County Clerk by the issuance o? warrants. 

*It la the intent of the county comslst3lonsrs o? Bexar Caujity'to Issize warrants fdr 

the puvposs~~oi purcflsslng‘612 all-steel roller sheIves and 216 all-steel dooumsfit flles~ 

which are' tobs amhomtV'b6oumlY to-ths~ Courthouse Ftuur-:umction ana to be made a part 

themof sofas to make-these uufts 8tatlonarJ 

and unmovable and a part of the building, 

"The Couaty Commi~aloners have requested 

that I submit to pu the following questlonst 

Il* Is the proposed expenaitve for a ~. 

lpermansnt~~lmprove~entl OS the type oontemplatea b7 the authorlsatlbn of warmnts tar the 

sole purposs of ~psrmsnent improvements to the 

courthouss?' _. 

-A" 2. Assuming the %ons+uotlon to be a 

pemansnt isqmveimat, aa eonslae*ing the 

proposed new law applicable to Bexar County 

whloh restrfbts the Count Commissionos from 

issuing warpants, (H.B.lO& Acts of the 51st 

Lag., R.S. 1949, etfeotlve Xaroh IL, 1949), 
. 

eon. ~111inm 8. bnsley, page 2 (~-806) 

hen the Co5uisaione~s legally issue previously 

autho~ised wamsnta for the puPpose of puvchasing and erecting this 

merit?” (PaPenthssla ours.) 

pemsanent lmppove- 

. . Section 9 of-~ArtXole VIII of the Constltutlox 

of Texas provides ln part as fO11OWS8 

(I .sitQ no oocmty, olty or town shall 

levy m&i than twenty-firs (25) oents for 

alty OP oounty proses, and not exoeedlng 

fifteen (15) cents fop roads ana bridges, and 

not.exoeedlng fifteen (15) oents to pay japOPS, on the onb huntied dollvs valu&tlon, exoept ioF the paynent of debts IncaPPed p~lor 

to the-‘adoption of the Amendment September 

1883: and for the ereotlijn of aub1Io bulld25, 

lnga*i streets, sewers, watemo~ks and other 

s not to exceed twentyone hundred dollsrs 

valuation, in any one year, and except as 18 

In this Constitution othemlae provldsdt provided, however, that the CixumlselonePs Court 

in any county may Pe-allooate the foPegolng 

oounty taxes by changing the Pates pPovlded 

for any of the ropegoing purposes by either 

lnopeaslng OP dsopeaalng the SW, but in no 

event shall the total Of raid foregoing cotmty tsxes excised eighty (SO) coats on,the’one 

hundrl)d dollars valuation, ln,any one ye&P; 

0 0 0 

The lnoneys scorning from taxes levied and eelleoted SOP each of the enumerated purposes ale Constitutional fuuds. The lmme&iate puppose of the above quoted 

provi,slon of the Conat$tutlon la to limit the saounti;f 

taxes that may be raised fop the i~ve~al ~uPpoee8. 

IS also intended to requiae that any and all money8 

ralseU by taxes ZOP a partioulsr purpose shall be applied 

to that purpose and to no AuIt ve El11 CO=~& 

102 Tex. 335, 116 S.W. 359 8 Cappoll v. Will1 -1 

log TSX, 155, 202 S.Y. 504 

It was helil iii ths case of Brown v. Graham; 58 

Tex. 254 (1883), i%a case lhvolvlng %lIWor 

apeala tax for pepairs and additions to a CouFthou%er 

"Should the ~omisleslonsrsD court come to 

the conoluslon ths~t a larger court house is 
Eon.~ Xllllam M..kensley, page 3 (V-808) 

needed to meet the demands of the public buslneB8 bf th8lP county,'and they agree upon its 

plan end dlmenslons, and find that they can 

secure a building conforming to them in every 

respect, either by erecting a new structure, 

OP altering; repalplng and enlarging the old 

one, and that the 1atteP mode will be less-expensive by half than-the former, la there any 

Peason In holding that they o&n levy the t&x 

for the more expensive mode of attaining their 

object, when they oould not for the other, 

though the structure whioh is the result Is 

ppeolsely the same in every particular? 

"The object of the fopsgoing pPovlslona 

of out constitution and statutes w&s to enable 

th8 blffeP8nt countlss to provide suitable 

public edifices, leaving it to the judgment of 

the proper authorities whether this should be 

done-~by bulldlng new houses OP by repalplng 

and adding to old ones, when they oould thus 

be rendeP8d suitable to the pUPpOSSB of the 

county. The wopd sepect,g contained in all the 

foregoing priWislons, was the most comprehensive term that could be used to embrace all 

such lmp~ov8menta. 

"To hold that a~ couhty whose couPt house, 

with proper repairs and additions, could be 

rendered commodious and useful in every mapect, must pull it down and build an entirely 

new one, would be to ohargs out law-givers 

with an intent to encourage an unnecessary expenditure of the public money. Such a consideration would not, in Itself authorlse us to 

infer a power. when not expressly given or neoessarlly Implied. Yet when the language-used 

la capable of Including authority to do an act 

not mentl6ned in terms, suah construction of 

it la ,gPeatly aided by considerations of public advantage which it would omtalnly produge." 

(Tea 

In the case of Adams v. #oGl11, 146 S.W.2de’332 

Clv. App- 1940, s~ror Pef.J~9 the court held that 

Article 2372d, V8rnonts~~Clvll Statutes (expPes%ly autharlslq the oonstruotlon and 1 Pavement of a livestock and 

horticulture exhibit building '7 implledly authorized the 

county to lseue time w&Prants payable over a period of 
Hon. Ullll&m A. Hensley, page 4 (V-808) 

years for ImpPovemmts on such bulldlng. We quote the 

following from the opinion of the oonrt: 

I) 

. h County Subject te the SxpPiiSS 

P8StPIc~ii;ns imPOS8d by the Constltutlon aad 

g6aeFal lnws, h&s th8 power to issue time 

warrants in payment fop lmpPovements it is 

expressly authorlsed to construct, pPevlded 

that the applicable Pegulatlons relating to 

the issuance of such warmnte b8 ObsePved.' 

Additional &UthOriti8S on the sasie oint: 

L&eater v. Louez, 110 Tex. 179 217 S,U. 373 7 1919) and 

Foremsn v. oooch 184 Saw.26 461 (Tsx. Clv. App. 1944, 

emor ref. w.0.m:). 

Following the holding lm the bboie mentioned 

case this Off1a8 held in Attorney General Opinloh Ho. 

v-779, "where tim1ESiOn8Ps t COUP--la exp~8ssly aitthoslxed to const~~b a building, It has ~the ImpXled ~authmlty to lasue luterest bearing tltie warrants to pay id', 

such oonstPuotlon." 

. . _ 

Article 2351 gPsntia the authority to eseh CommiSaiOu8Ps' CoUPt f.B this Stat8 t0 pPoVf& and keep in 

repair coUPthoPs88 and jails. ThePefoPe,~.if the puPchase 

and lnstallatlon of the filing equipment 8mounts to b 

pWm&netit leovement of the opurthouse, than time w&rPants may legally be issued thepefor, Unless the same hss 

b8Com8 prohibited undeP"the tePms of House BllT KO. 106, 

Acts 51st LegislatuM, a point iihlch we will later dlsOUS8. If the purchbse and installation of auoh filing 

equipment does not- amonnt to a permanent improvement, 

then, of couPso, payment thePsfoP must be m&de from the 

county general fund, for that fund la bhurgeable with 

the payment of supplies and equipment as auah. 

The test applicable to SOUP first question is 

aaaounced in Hutbhlns v, Masterson, 46 Tex. 551 (1887) 

wherein it 1% stated on page 534: 

" -anther true oPlterlon far determining WheihiP'a chattel has become &n Immovable 

flxttule, consists in the UEit8d application 

..of the folloliing teStSt 

"1st.~ E&a theP8 been a Peal or OOnStPUOtiV8 anhexatlon of the &PtfOl8 in question to 

the realty? 
HOP; William I. mneley, page 5 (v-808) 

"24. Was there & fltaess or adnptatlon 

of suoh article to the uses or purposes of the 

realty with vhloh it Is connected? 

“3d. Whether or not it iI&s the intention 

of'the party making the annexation that the 

chattel should become a p8rm&nent accession to 

the freehold? - this lnteatloa~belng InTerable 

fl'Om th8--lJatU'e Of tb8.~aZ'tiOl8, the Z'elatiOn 

and Sltu&tlon of the parties interested, the 

policy of the,liziw in rsspeot thereto, the mode 

of aiinexatlon, and purpose or uae.for which 

the annexation Is made. 

"And bf tiese three tests, pre-emlnenoe 

IS to ba given to--the qU8stloii of intention to 

make the article n permanent socession to the 

ire&hold, whlle“the others sxe chiefly of value as evidence as to this lntentlon.A 

Filing ogblnets tid shelves would ordlnsrlly 

be olaseifl8d ns equipment and payable out of the gen-'- 

era1 fund of the obunty. fan 'drtlole would not become a 

flXtur8 simply becaiise it 1%.~anohored d6wn'to the bulldlhg. For example, a chnlr, a desk, or ail adding m&chine 

m&y be neoessstry in oounty offloes, but auohorlng on8 of 

them to the building for convenience would not mske it a 

fiXtIll'8. The seoond and third tests would not be met. 

Yet, ii bulldliig @ouId b8 oonstruoted withPilllhg space 8nd Oabin8tS be a p&~t thereof. Slloh bulldlngs 

have-been built; The walls of th8 bulldlng~ are the walls 

of the flllmg oabliiet, eta. In such n situation thbre 

o&a be no doubt that the filing cabinets &re a persaenent 

part of the building. 

We a0 not h&v0 eufflole~t facts to answer your 

ijuestlon odtegorlcally, for such &n &nswe~ woMd~lnvolv8 

a determlnatibn o? faotd ,Pel&tive ~to'the installation 

whloh la yet to t&k8 place. We can snswer yoUr question 

only by Sayl~.lf the filing equipment is Lnstalled ln 

suoh a mannoF whloh would sbtlsfy the tests laid dowr.by 

the 6ouPt Iii the Rut&la% case and thereupon beoomes a 

perm&nent part of the oourthouae structure, the same 

could be paid out of the county permanent lmprovemi$nt 

fund, and time w~iant.8 could be issued therefor, asaumlag, of course, that they are issued in accordsme with 

law. 
Eon. William 1. Bensley, psge 6 (V-606) 

The 51et Legislature h&s llmltdd the power of 

the fhImissionera~ Court in certain inetsnaes to iSSU8 

time w&r.rants by the provisions of House Bill lo. 106, 

Ch. 36, which provides, in p&H, ns follows; 

'Section 1, In all oountles having a 

ptipulatlon In excess of @~i#e hundred thousdnd (300,000) inhabitants acoordldg to the 

last preceding OP any TutWe Federal l%nsus, 

the Commlesloners Court shalI hisve no anthopIty or power to lssue~tlms warpants until 

Snd unless the same have been authorlsed by 

a majopitjl i?ots of the quallfled eleotoi% 

who ovll taxable property-in the obuhty and 

have duly Wind8psd the s&m8 for taxation 

voting at an eleotlon theMfor, such elbctloil to be held under the authority of Wd 

in accordance with the provlslo~ of Chapter 

1 of Titlo 22 of the Revised Civil Statutes 

of Texas~ oi 1925,~~ Provided, that in case of 

public Cal&silty o&used by itie, flood, sotrm, 

or to protect tbs-'public health, OF in cash 

of unforeaeea d&mage to public property, machinery; or equipment, the ComMlsalonere 

Court %iay Issue such time wamants la the 

aggregnte~~amount of not exoeedlng Fifty-~Thousand DOllSrs ($50,000) during any on6 calend&r year as &Fe neoess&ry to provide for the 

fSSIWdicit8 repair, preservation OP protection 

of public property, and the lives and health 

of th8 oltisens of the county without the sew 

oesslty of such electlen. 

. 

Aa “sec. 2. Thla Aizt shall not be construed 

to apply-Y0 time warrants of such.oountlee lssued or authorized to be Issued prior to the 

efreotlve date of this A 0 t 0 " IEm phasis oqs.) 

- In answer tij oiir request SoF addltlonbl lnformatloa,'your office has savieed us that in J&nuary of 

this yeap, the warrants PefePred to in your request were 

a.uthorized to be i88t88de-~ As Rouse Bill Ro. 106 did not 

bei5ome effective until March 11, 1949, then under the 

plain prov~s~~ndmrs ofSection 2 tM:~Abt wrll not apply to 

the tlr wlirranta iiudtir consideration, saWming, of 

oourBe, that the wsrrants were issued in acoordano~ with 

law and the 6xpenditures prop8Ny come within the,authdlred purpose thereof. 
Ron. tilllfsm 11. Rensley, page 7 (v-m) 

The purchase and installation of oertaln 

flllng equipment in'-thd a?urthWse can be aooompllShed ln such a~m@ria+r that the same beoom8s e fixture and’s &irt of the courthoue8 

building. If ths itame bgtomes a fixture, then 

payment therefor may be &&de by Bexar Countj 

by the lssuanoe of tlms warrants payable,out 

of the couiity permansiit laprovem8at fund, said 

warrants having been authorlsed prior to the 

effective date i3f~Roue8 Bill go. 106, Acts of 

the 51et Lsglslat~e. 

Very truly yours, 

ATTObEY @HERAL OF TEXAS 

JRzbh Assistant 

-,. 

FIRST ASSISTART 

ATTORIiEY OELWUL