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



### taxwas 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 alearlya sinking Lund, snd is a funa orested for extin- &shln& and paping a funded t&b*.

In theRevised Civil LNatutes,we Z%nd only three ArticlseWhioh 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( Coustsmay 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 ahallbe.purchasedwhich, acoordine to their terna,mature et a date eubsacuent to the time of maturity oi the bonds for the psyment ofwhloh 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 redemptionand payiEent of the outstandInSbonds of such county, city or town, or aommunity, In bonds of the United States,warsavings certifiaates,and certitioateaof 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 lnoorporatedcity or town. NO suchbonds shallbe purchasedwhich, acoordinq~to their terms,mature at adate subsequent to the time of maturity or the bonds for the payment of tiich auoh sinking fundwas created.*
-Art1014 637. Secondary Investments. - In th.e event a Soverning body Is unable to purohase securIt.Ies

of the oharactermentioned 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 theprecedlnp article.4
It Is the settled law of this Stats that oommis- -__ -. - . _ -1 ._ _ . sinners court3 ar0 oourta of llnften Jurisdlctlon,navzng only suchpowers, duties and authority as theLegislature may oonferupon them. In the absexoeof suoh oonferred authorityor power the commissionersaourt has none. S44 El Pasovs. 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 threeArticles set out above for any loan, imestsent, 01‘ disponition of the sinking find of a politicalsubdivision such as Is contemplatedby the Comissioaera Court of Blanco county. Therefore, it is the opinion of' this departmat, and you are respeotfullyadvised that the ComiJsioners Court of Blanoo County oannot lawfully loan the &,500.00 taken 

### bornthe Blaze0 County SpeoialRight of Xay i+'und to Road FrecinatNo. 3.

Trustlnp;

that the above satisfactorilyanswers your inquiry,we remin
Yours very truly ATTORiiBY (X2WU.L CFTEXAS

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