HonorableW. C. Lindsey

Criminal District Attorney Jefferson County Beaumont, Texas Dear Mr. Lindsey: OpinionNo. C-44 Re: Designation of drainage district depositories.

You have requested an opinion on the following questions: "1. If the commissionersof a drainage

district failed to exercise their discretion of providing for a districtdepository for the funds of such district,must the county treasurer transfer such funds to the county depository? "2. May the commissionersof a drainage district exercise their discretion of providing for a district depositoryby entering into a contractwith a banking corporation in April of the year following a general election, If the banking corporation is not the county depository?" Article 8149, Vernon's Civil Statutes, is the statutory enactmentwhich authorizes separatedepositories for drainage districts,which provides:

"The commissioners, in their discretion,may provide for a district depository for the funds of such district,by complying In all respects with the laws governing the designation of county depositories. Such depository shall give a good and sufficientbond, approvedby the commissioners, as providedby law for depositories of county funds. All powers vested in the Court as to the designation of county depositoriesare hereby vested in the commissionersas to the funds of the district.

. (Emphasisadded). As this Article expresslyvests the same powers in the drainage districts as are vested in the commissionerscourt

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with regard to designationof depositories,your attention is directed to the following statuteswhich we deem appllcable. Article 2544,Vernon's Civil Statutes, reads in part as follows:

"The CommissionersCourt of each county is hereby authorized and required at the February Regular Term thereof next following each general election to enter into a contractwith any banking corporation,association or individual banker in such county for the depository of the public funds of such county In suchbank or banks.

. . ." Article 2.549,

Vernon's Civil Statutes, states In part: I, treasure; ifit shallbe the duty of the county

said county immediatelyupon the making of such order, to transfer to said depository all the funds belonglng~to said county, as well as all funds belonging to any district or othermunicipal subdivisionthereof not selecting its own depository

. . ." Article 2555,Vernon's Civil Statutes, states: "If for any reason, no selection of a depositorybe made at the time providedby law, the Commissioners Court may, at any subsequent time after twenty (20)days'notlce, select a depository or depositories in themanner provided for such selectionat the regular time; and the depository or depositories so selected shall remain the depositoryor deposltorlesuntil the next regular time for selectinga depository, unless the order selectingand naming such depository be revoked for lawful reasons." (Rnphasis added). In construing these statutes together,we are of the opinion that, in answer to your first question, Article 2549 would require the county treasurer to deposit the drainage district funds into the county depositorywhere a drainage districthas not selected Its own depository.

However, In view of the fact that the commissionersof drainage districts are vested with all powers vested in the CommissionersCourt in regard to the designation of a deposltory, it Is our opinion that Article 2555,Vernon's Civil -'95-Hon. W. C. Lindsey,page 3 (C-44)

Statutes,provides for a selectionof the depository at any subsequenttime. Therefore, it is-our opinion In answer to your second question that the commissionersof a drainage districtmay select a district depository at any time subsequent to the February term. SUMMARY (1) If the commissioners of a drainage district fall to provide for a district deposltory, Article 2549, Vernon's Civil Statutes, requires that district funds be transferred Into the county treasury. (2) The commissioners of a drainage dlstrictmay select a districtdepository at any time under the provisions of Article 2555, Vernon's Civil Statutes, Sincerely, WAGGONER CARR Attorney General

BY Assistant PP:mkh:ms APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman John Reeves Bill Allen Arthur Sandlin APPROVED FOR THE ATTORNEY GENERAL By: Stanton Stone

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