OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Ron. V. B. Coar 

Gountp Attorney 

Blanc0 County 

has been received an 

portion of your 1 

this department 

quote the applioable 

tax was votea by 

County of Blanoo. 

ct Xo. Three deeirePr to borrow 

(iusstfon: Can the Gomarent. from your lstter of January 19, 

oo County Speofal Right of Way Fund 1s 

alearly a sinking Lund, snd is a funa orested for extin- 

&shln& and paping a funded t&b*. 

In the Revised Civil LNatutes, we Z%nd only 

three Articlse Whioh prtiibe fer the investment of einkin@ funds, suoh as here invoLved. 
Eon. v. 3. Coar, page 2 

"Article 779. Investment cf ainking fund. - 

The Cos&zsIoners( Cousts may Invest sinking funds 

aacumulated for the redemption and payuaot of any 

bonds lssued'by such oounty, politioal subdivision 

0r aefined district th4r00r, In bonds of the United 

States, of Texas, or any county In this State; or 

in bonds; of the Federal Farm Loan Bank system. xo 

such bona8 ahall be.purchased which, acoordine to 

their terna, mature et a date eubsacuent to the time 

of maturity oi the bonds for the psyment of whloh 

such sinking fxnt3 was created.* 

"Arti 836. Investments. - The legally 

authorized governing body of any county, city or 

towu , or the trustees of any sohool district or 

school oommunity, may lnveet their respsotive sinking funds for the redemption and payiEent of the 

outstandInS bonds of such county, city or town, 

or aommunity, In bonds of the United States, warsavings certifiaates, and certitioatea of lndebtedness Issued by the Secretary of the Treasury of 

the United Btatee, and In bonds of Texas, or any 

00unty of this State, or of any lnoorporated city 

or town. NO such bonds shall be purchased which, 

acoordinq~to their terms, mature at a date subsequent to the time of maturity or the bonds for the 

payment of tiich auoh sinking fund was created.* 

-Art 1014 637. Secondary Investments. - In 

th.e event a Soverning body Is unable to purohase 

securIt.Ies of the oharacter mentioned In the preceding artiale, which mature at a date prior to 

the tine of ~rr~turity of the bonds for the payment 

of which suoh sinking fiind was created, then they 

may invest such funds In the bonds of any school 

distriat or school oommunity authorized to Issue 

bonds, under the same restrictions ss provided in 

the precedlnp article.4 

It Is the settled law of this Stats that oommis- - __ -. - . _ -1 ._ _ . sinners court3 ar0 oourta of llnften Jurisdlctlon, navzng 

only such powers, duties and authority as the Legislature 

may oonfer upon them. In the absexoe of suoh oonferred 

authority or power the commissioners aourt has none. S44 

El Paso vs. glam, 106 3.W. (26) 393; "award vs. Benderson 

county, 116 9-W. (Zd) 479. 
Eon. V. 3. Gobr, Eege 3 

It will be observed that no provision is zade in 

the three Articles set out above for any loan, imestsent, 

01‘ disponition of the sinking find of a political subdivision 

such as Is contemplated by the Comissioaera Court of Blanco 

county. 

Therefore, it is the opinion of' this departmat, 

and you are respeotfully advised that the ComiJsioners Court 

of Blanoo County oannot lawfully loan the &,500.00 taken 

born the Blaze0 County Speoial Right of Xay i+'und to Road 

Frecinat No. 3. 

Trustlnp; that the above satisfactorily answers 

your inquiry, we remin 

Yours very truly 

ATTORiiBY (X2WU.L CFTEXAS 

cw:pbp