‘. OFFICE OFTHE ATTORNEYGENERAL OFTEXAS 

AUSTIN 

site and eroot 

. milt of the Comty en[? pay for sme out ol' the PerDailent hprOVcea!lt i?UEdG Of tk3 COtillty? 

“3. Does the Cozzissionern Court of IIill 

. Co&tg have tho authority to purchme a building 

site and erect thereon a v:nre!louse to bc used by tho 

Road ani; kid,-8 Dcpsrtr:ent ~1% pay~for 84120 Out Of 

the ?cm.a:lent Irqmovel?.ont &ml of the Couoty? 

. 

i 

P 
Hon. T. X. Wilkinson, page 2 

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I 

“4. Where the Cozmissioncrs Court heve leased . 

‘~a building site and plaoed a building thereon, sams 

beiw paid out of the Roed tc Bridge Fund, can the 

Road k Rridge Fund be reimbursed out of the Permanent 

Improvement Fund? 

#If the snswers to the above listed questions 

are in the affirretive-(a) can these warehouses be 

located in the different Commissioners* Precincts, - 

(b) in purchasing, or leasing building sites and 

placing buildings thereon wuld the Cormzissioners 

Court be required to advertise for bids?” 

Section 9 of Article 0 of the Texas Constitution reads as 

+r0ii05~~8: 

“The ~&tte ~tax on property, exclusive of the 

ttk necessary to pay the public debt, ad of the 

taxes provided for the benefit of the publio free 

schools, shall never exceed thirty-five cents on the 

.one hundred dollars valuation; and no county, city 

or town shsll levy more then twenty-five cents for 

city ‘or county purposes; and not exceedins fifteen 

cents for rosds chid bridges, and not exceeding fif- 

.: teen cents to pay jurors, on the ona hundred dollars 

valustion, except for the psyment of debts incurred 

prior to the adoption 01 the amendment September 

22&h, 1063; end for the ereotion of public buildin@, 

streets, sewers, water works end other permanent 

improvements , not to exceed tylenty-five cents on the 

.~ one hundred dollars valuation, in eny ono year, and 

except as is in this Constitution otherwise provided; 

and the Legislature may also authorize an additional 

annual ad valorem tax to be levied and collected for 

the furthor naintenance of the public roads; provided, 

that a.majority of the qualified property tex-paying 

voters of the county voting st an election to be 

held for that purpose shall vote CUC!I tax, not to 

exceed fifteen cents on the one hundred dollars 

vnluation of the prop-arty subject to tnxation in 

such county. And the Lcgisla.ture m::y pass locnl 1~8;s 

for the raintenaocs of the public ro,-,ds and hi&ways, 

without the local notice required for cpocial or 

local lENs, ” 

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Bon,. T. K, Wilkinson, page 3 

. 

Article 2351, Vernon’s Annotate& Civil Statutes, setting 

forth the powers and duties of the commissicners* court, reads 

in part aa follov~s: 

‘7. Provide and keep in repair county houses, 

jailswand all necessary publio buildings, 

. l l 

Article.2352, Vernon’s Annotated Civil Statutes, referring 

$0. the comission~rs~ court, reads as follows: 

%aia court shall hsve the power to levy 

and oollect a. tax for county purposes, not to exseed tvronty-~five cents on the ona hundred dollars 

valuation, and a tax not to exceea fiftaon cents 

on the one ,hundred dollars valuation to supplerant 

.the jury fund of the county, and not to ezaeed 

Sifteen Cents for roaan and bridges on the. one 

hundred dollars valuation, except for the payment 

of debts incurred prior to the adoption of the 

amendment of the, Constitution, September 25, A. D.~ 

:lSS3, and for the erection of public buildings, 

strests, sewers, water works snd other permanent 

, .rfmi)rovem.ents, not :to~. exceed turonty-five, 0e;lt.s on 

.the on* huMred dollars vnluntion in any ona year, 

and except a$ in the Constitution othemlse provided. 

. . They may’levy.an additional tax for road purDosss 

,, not to exceed fifteen oonts on th.e one hundred 

dollar valuation of the propu.rty.,subjsot to taxa- 

*ion, under the limitations aud in the mmer proyided for in Article El, &XZ. 9, of the Constitution 

and in pursuance of the l+wrs ,relating thereto.” 

‘In TsxssJurispru&p&, Yol.‘i4, psges 2 and 8, it is. 

* statoq: 

n:‘.Public DuildLngs’ is d tern ordinarily 

used to desiGnate such structures as the ohpitol 

In the capitol grouncls at Austin, including. the 

executive ffiansion, tke various stat0 tisylum, 

oollc+~;s or university buildings croeted by the 

Stats, tiourthouses tncl jails and other buildings 

held for publio us8 by any de,9artment or brawl: of 

govornmez~t, Lt?ts, county or nunlcipal, . . 

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I 

Ron. T. K. ~iilkinson,~ page 4 

. . 

And say other building would aaezt to coae v&thin 

y this definition provided it is properly shown 

- that it is ov.Ted or controlled aud held by public 

authorities for public use, . .” 

In oompllence xith your request, WC era enclosing. herewith a copy, of our opinion ?!c-. O-1047. You will note that 

&rrison Couatg has a special county rocd end bridge law and 

that there are mny facts pressuted in the letter requesticg 

an opinion of this Dspertm-it In opinion 20. O-1647, which 

are not presented in your letter of lnqulry. %hether or cot 

sold opinion applies to Xi11 Cowty depafids u2on the part& 

cular facts, acd if the fe.cts are ths sam, Opinion ‘170. O-164$ 

would be applicable to Rill Couutg. 

The above. quoted provisions of the Constitution end 

Statutes authorize the cormissioners~ court to build and repair public buildings., and the: term *public builgings” is 

broad enou& to include a naretiouoe 01 werehouses oxned amI 

used ex.clusiVely by the county for the pu.vposes above. mentioned. 

It is stated ir Coxpw Juris tiecundum, Vol. 20, &age 996: 

*Xt is v&thin the po?iers and duties of tho *’ 

oounty to ereot, fumish, and repair necessary 

public county bulldirzs aad offices. The authority to proviqo, con3truct, kprove, raalr:tain, furnish and repair oourfhouseo, jails, and othar public 

aomty buildinga may tre vested in the county OOZImissioners of the cotxty, or t&e county court or a 

jucl@ thereof, or the physical court, or other 

official body.” 

,$ county rcay aoquirc land by deed, or expropriaticn; kd 

.-by irrticlo 32G4a, Vemon’s Ranotated Civil Statutes, Iike right 

of cninent domain is conforrod upon counties of the State 

of Texas for the purpose of condoming and acr,uiring lnnd, 

i*I&t-of-viny 01’ easezcnt in laad, private OS publio, except 

property used for ocxetery pur9ooe8, where said la%?, ri&tof-way or ecsexent is noccsoary in ocne.:ruction.oP Jails, 

oourthou~es, hospitals, .deli:queut aad de?cnde!lt sohools, poor 

farzs, libraries or for other public purpof~eo, %here suc!l purpose is no.~ or my h?reeftcr be authorized by t!;e Cosstitution 

or 3tututes of this 5tat.o. A county hos the pc;ier .to enter into 

. * 
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~0x1. T. G, Ulkinson, page 5 

. 

a lease acb to becona a~ tenant OP real estate v&en the use 

thereor is needed to carry out eny or its ecknoeledged .pw;ers 

and~purpoocs, and ths question as to ths neoassitjr of leasirg 

suoh apace is within the judment and discretion or tie COD 

missioners1 court. (Corpus Juris Eeaunam, vol. -20, pa60 1002). 

Pie allmrer your second aa thlra questions es r0n0x6: 

The oormlssioners~ court of hill County has the legal authority 

to lease or purchase a buildi= site and erect a warehouoe to 

bo used by the road and bridge departriant of the county and pay 

for the saw out or the permnent iraprovernent funds or the 

county, provided a tax is levied eha collcctea for the perxcanent IEprovezent fund to be used for such purposes, prcviaea 

further that such leaf doos 6ot exceed the statutory aoa GOCstitutional limitations. 

In regly to your forth question you are advised that the 

cotissioners*~ court does not have the legal authority to 

_ * reizburse the road and bridge fund out of tho pemanect tiproveme&t fund uihera the cox?dssioners~ court has leased a buildirg 

site and plaoed a building thereon wherra the sam has bcex paid 

out of“the road and bridge fund. (Carroll v. i#illirnS, 202 S,%, 

504; Comissioncro* Court of iiendereon Couuty ve. hurka, 262 S.;i;. 

941, The permanent improvemsnt rluld aha the road and bridge 

fund ars constitutional funae, and the oomi.ssionersl court 

has riot po%:er to transfer ‘ooney from one fund to another. 

With roterence to your last quootioh, it is OUT opinion 

thnt it is Fithin thi+ discretion of the com$osionare’ court 

v:hether or not a Warehouse is heeded for each co:zlosioneti 

precinot, and. the said court can deter&no the Location of said 

warehouse or warehouses. Iu purohasice or Leasine building 

sites and placing buildings thereon, the co!Stission3rO’ CGurt 

would be required to advertis, 0 rcr bids an required. by Article 

22&a, liorhon’o Anuotatcd Civil St.stutcs, F:f;en the co?Mssioners’ 

court enters into a&y contract or a~racrei-it for the ccustructlon of ey public building or tho prosecutfon and cos?letion 

of any pu.blic ?lorJi requirlog or authorizing my expenditure 

in excess or $2,000.00. 

Trusting that the foregoing ruliy afim3r3 your inquiry, 

we are 

Yours very truly 

XTTOGZY 0:.ZR!,L OF TZXzj.9