Honorable S. T. Denny 

County Audltolr 

Houston couut y 

Crockett, Texas 

Dear Sir: 

0~1ni0n 1~~. o-2728 

Re: The legal duty and authority 

of the commlnaloners' court with 

reference to advertising for and 

reaelvlllg bids ia aotiuectloa 

with the sale of oountg and road 

district bonds. 

Your recent request for an opinion of this Department upon the questions as are herein stated has been received. 

We quote fma your letter a.8 follows8 

"Please advise the legal duty and authority 

of the Comnbslonere Court with reference to advertising for and reaeipt of bide In oonneatlon with 

the sale of County a&d Road District Bonds. 

"Should the CollPnlesionere Court fall to meet 

all legal requirements as outllaed in your opinion 

on the above question what are the legal duties and 

authority of the County Auditor?" 

Article ‘752a, Veraoa'e Annotated Civil Statutes, 

reads a8 followsr 

"Any county, or any political subdivision of 

a couuty, or a&y road district that has been or 

may hereafter be oreated by any general or special 

law, is hereby authorized to issue bonds for the 

pu~poas of the oonrtruatlon, malntenaaue, and 

operation of maoadamleed, grareled or paved road8 

and turnpikes, or in aid thereof, ia any mount not 
_- 

. 

Honorable S. T. Denny, Page 2 (O-2728) 

to exoeed one-fourth of the assessed valuation of 

the real property of such county or political’subdlvision or road district, and to levy and collect ad 

valorem taxes to pay the interest on such bonds atid 

provide a sinking fund for the redemption thereof. 

Such bonds shall be issued In the manner hereinafter 

provided, and as contempleted and authorized by Section 52, of Article 3, of the Constitution, The. 

term ‘political subdivision8 as usea in this Act, 

shall be construed to mean any commissioners precinct or any justice precinct of a county, now or 

hereafter to be created and established. 

Article 7523, Vernon’s Annotated Civil Statute&, provides “after approval and registration as provided by law eelatlve to other bonds, such bonds shall continue in the custody 

and control of the commlsaionersl court In the county in which 

they were Issued, and shall be by said court sold to the hlgheat and best bidder for aash, either in whole or In parcels, 

but not less than their par value, and the purchase money 

therefore shell be placed In the county treasurer for such 

county to the credit of the available road fund of such 

county, or of such political subdivision or road district 

of such county, a8 the case may be.“’ 

When any number of adjoining counties within this 

State Issue bonds a8 authorleed by Article 778a, Vernon’s Annotated !Xvil Statutes, and the procedure a8 set out in Articles 

778b-778p, Inclusive, the commlssioners~ courts of the counties embraced in such district, at a joint meeting held ins 

the county having the largest number of Inhabitants, as shown 

by the last Federal cetmas, shall adv&tise suoh bonds for 

sale, and the advertisements or notice of such proposed sale 

shall be published in the newspaper of general’ alrculatlon 

published la the district, one time, and. at least ten days 

before the time fix.ed for such sale, a8 required by Article 

778k, Vernon’s Annotated Civil ‘Statutes, 

Article 778k, supra, applies only to districts corn; 

prlslng two or more counties contiguous to each other and does 

not apply to the sale’of county and road dlstrlot bonds composed of only one county or a political subdivision thereof 

as specified in the statute. 

It will be noted that Article 752j, supra, requires 

that the commiasionerst court shall sell the bonds to the’ 

highest and best bidder for ,cash, either in whole or in parcels, at not less than their par value, However, thla statute does not require the commlsslonerst court tb advertise 
, 

Honorable S. T, Lenny, Page 3 (O-2726) 

said bonds for sale. 

The only duty Imposed upon the commlssloners’ 

court with reference to county and road district bonds 

issued under Articles 752a-752y, lncluslve, are, as above 

stated, that the commlssloners~ court shall sell said bonds 

to the highest and best bidder for cash at not less than 

the par value of the bonds. 

With reference to your second question, It must 

be presumed that the commissioners1 court will do its 

legal duty with reference to the sale of aounty and road 

district bonds, and until it is shown that the court has 

failed to do its duty with reference to the same, your 

second question la premature. Therefore, It Is not necessary to answer the same. 

Trusting that the foregoing fully answers your 

inquiry, we are 

Yours very truly 

ATTOIWXP WRRRAL OF TEXAS 

BY 

Ardell Williams 

Assistant 

AW:BBBr jl 

APPROVED 

OPIBlIOR 

COHBITTEE 

KY /a/ BwB 

CHAIRMAR