Honorable W. C. Lindsey 

Criminal District Attorney 

Jefferson County 

Beaumont, Texas 

Dear Mr. Lindsey: 

Opinion No. C-44 

Re: Designation of drainage 

district depositories. 

You have requested an opinion on the following questions: 

"1. If the commissioners of a drainage 

district failed to exercise their discretion 

of providing for a district depository for the 

funds of such district, must the county treasurer 

transfer such funds to the county depository? 

"2. May the commissioners of a drainage 

district exercise their discretion of providing 

for a district depository by entering into a 

contract with 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 

enactment which authorizes separate depositories 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 sufficient bond, approved by the commissioners, 

as provided by law for depositories of county funds. 

All powers vested in the Court as to the designation of county depositories are hereby vested in 

the commissioners as to the funds of the district. 

. (Emphasis added). 

As this Article expressly vests the same powers in the 

drainage districts as are vested in the commissioners court 

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Hon. W. C. Lindsey, page 2 (C-44) 

with regard to designation of depositories, your attention 

is directed to the following statutes which we deem appllcable. 

Article 2544, Vernon's Civil Statutes, reads in 

part as follows: 

"The Commissioners Court of each county 

is hereby authorized and required at the February Regular Term thereof next following each 

general election to enter into a contract with 

any banking corporation, association or individual banker in such county for the depository 

of the public funds of such county In such bank 

or banks. . . ." 

Article 2.549, Vernon's Civil Statutes, states In part: 

I, 

treasure; if 

it shall be the duty of the county 

said county immediately upon 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 other municipal subdivision thereof not selecting its own depository . . ." 

Article 2555, Vernon's Civil Statutes, states: 

"If for any reason, no selection of a 

depository be made at the time provided by law, 

the Commissioners Court may, at any subsequent 

time after twenty (20) days'notlce, select a 

depository or depositories in the manner provided for such selection at the regular time; and 

the depository or depositories so selected shall 

remain the depository or deposltorles until the 

next regular time for selecting a depository, 

unless the order selecting and 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 depository where a drainage 

district has not selected Its own depository. 

However, In view of the fact that the commissioners of 

drainage districts are vested with all powers vested in the 

Commissioners Court 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 selection of the depository at 

any subsequent time. Therefore, it is-our opinion In answer 

to your second question that the commissioners of a drainage district may 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 dlstrict may select a district depository 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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