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OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable Claud violf 

County Auditor 

Howard County 

Big Spring, Texas 

Dear Sir' 

Your reque 1st 

cerefully considered 1 by 

your request as foil .ows 

Dav their Porti& ohthe Drhmldn on said super- - 

department, rend&red Xardh 

Texas, was not authorized 

States Government Food Stamp Plan. 

id opinion the 47th Legislature of 

No. 201, which reads in part as 

"ti IT- CTH) Y TIB IXGISWTURZ OF THE STATE OF TEXAS: 

wSection 1. That Article 2351 of the Revised 

Civil Statutes of Texas of 1925 be amended so as 

to add a new section thereto to be known as htlcle 2351-17, which shall read as follows to wit: 
Honorable Claud Wolf, page 2 

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.YL’ “‘17:‘a. ’ .Thb;~Commissloae~s-Cdhrt:of each 

Couhty of--thls‘State', in:-aaditlan'T.ti '~the 'poirers 

alreadg-.oonfe~rqd’r66 ~Jt’;by-law,- is-:hereby empowered :to,- oreatr’~a’:revolvlhg fund :or funds -and’to~ make 

appropriat%ois-thereto out of-the-genera+ revenue 

of ‘.auch: odunty , “irlza-..suc6:‘~revolving rtia: shall.,be 

used by suhh oounty”only_ln :6odperationwdth the 

UnItedStates -Department of':AgrI?tilture : tb’aid- and 

assist- ln.carrying~out the purpos~s’:hndlpro~isions 

of anAct .of ~:Oongress of -the XInitea States pertaining to the distribution of convnoditles,to persons 

in needlef_ap-?jst.aqce;.,,under’:the_dlr.e.~tign~.~of the I 

upi4ea_..s_tatea~Department. .~il.Agr-~qpTtpye;‘.pr09 idea, 

h,y.evKr J-~ ~-that __,. ___. the _.-_ coMty--~S-~a_ll,l?~v~~~~~~~dL~t.::all - - .~. 

times -either the : mon~,~.aplpr~~,pr~~~~.~._.~-sqDb_FePolviiiil f~a~~~~~~a~--:t_he_s_qu_iqaIeg4~.#rtilbof.:.inl * 

stamps: i.ssu,ed by the United States Department of 

Agrioiiiture under the Food and/or Cotton Stamp Plan, 

which Stamps.,.are convertible. into. cash at-.any time. ---.- ~‘;t .i. : ., ; T :.. c .., -, .~ 

: I.~ ;‘!!b: i. -~~:su&co~t& of:.this States ,&,&L,. 

ing -the pdwers herein .granted c aii-issuing ~~.offlder 

shalLbe -,appointed ..tci ,carry, out’: the:$rdvisik~~:of 

thfs:Act:and toradminister .the:funds ‘herein”‘eppr,o-~ 

priated. ~: SutihIlssulng. officer %hall:“-be ‘a ~oitlzen -df 

the-5ta~te~:ofr3exari~~dnd-8pp0fntect~~bJ1-'t~e~Cbunty Jdage 

of.i.subh County subject to “the :a$j)roPal ‘of, the ‘C~mmiSsioners Court thereo?. #e shall be required to furnish a xood ind;‘~~uff.loient :%&%% ty:bond -.ti +udh amount 

and.npon&chiterMt and $‘6ii~ltions%~~‘~maybe required 

by.-the.rlldnhnl~sTonerlP’Cquff ~%%nd ~%hd~Jin$tdd States .,De-- 

p&Mea6 I& t&gfc:cultur@~. :-. Sue;h-~istilpiig :‘offioer shall 

rda&ivti cd, ,sala‘rJi; to be -p&r& au* :if:?td +&r&l funa 

or. :tiy. other :.funa <of i.th8 botity ,~.%xtiept &5nstitutlonal cPti&s,. dot ;oth&wise.‘a ,-hot“%o excee.d 

Two. Xundred gollars ($200 and may appoint 

such cashiers and other assistants as may be authorized by’&u&?&urt; The preniiums ‘of a-11 .bonds ~which 

mag,.be-i?eq%lred ‘of- such Wsuing ofi icer~;~ cashiers or 

other.:assi-stants. :sha3,1 be paid -by -the Commissioners. 

Court lout -of ‘ang .tivall:able funds -therefor belonging 

to ~-such .cou&y.:: -; -‘I : .:~ >.‘-: ; :: L..?::; in-.; 

~_ ~_ ._~c.y~T.;fiz <.,“ ;,c,:j ‘. ,./~. : .;.~“y:. 

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Yonorable Claud Wolf, page 3 

“‘C. Provided however, the polsers herein 

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ranted0 

2) 

such counties may be exerbised by two 

or more counties in conjunction with each 

other and In cooperation with the United States 

Department of Agriculture. And when such powers 

sre executed by two .(2) or more counties jointly, 

the County Judges of such counties shall appoint 

the issuing officer, fix such appointee’s bond 

and do all other things necessary to cooperate 

with the United States Department of Agriculture 

In the same and like manner es is herein granted 

to any one county of this State. 

"*a. Provided that Such Commissioners 

Courts of suoh counties may cooperate with any 

incorporated city or town within such county.or 

counties on such conditions and requirements as 

may be promulgeted by such Commissioners Court 

or courts. 

“‘e. Whenever any county herein authorized 

to crs such a revolving fund ceases to participate therein the issuing officer appointed under 

the provisions hereof shall, forthwith reduce all 

stamps to their equivalent in money and return 

such moneys then on hand to the fund from which 

same was originally appropriated ana render a full 

account of his administration thereof the the Corn: 

missioners Court of Courts as the case may be.’ 

“Sec. 2. If any section, subsection, or 

clause of this Act Is, for any reason, held to be 

unoonstitutional, such decision shall not affect 

the velidity of any of the remaining portions of 

this Act, and it is hereby declared that this Aot 

would nevertheless have been passed without such 

section, subsection, or clause so declared unoonst itut ional. 

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“Sec. 3, The fact that an Act of Congress of 

the United States has appropriated money for the 

Department of Agriculture of the United States 

providing for the aispositinn of surplus cozznodlties by the surplus marketing administration in the 

Department of A&culture of the United States, and 

said administration is now distributing surplus commodities through the Food and/or Cotton Stamp plan 
. .-- Honorable Cleud Wolf, page 4 

or System, which is yery beneficial to persons 

in need of assistance and the fact tbi3t said Act 

requires the cooperstion of oountles orb municlpalltles a8Slring.tO participate In the benefits 

of ssid Act, and the further fact that there Is 

now some doubt as to the legal authority of the 

Commissioners Court to appropriate funds for the . 

purpose of aiding end carrying out the provisions 

of said Act and in view of the further fact that 

persons In various counties of Texas are In dire 

need of assistance that might be extended to 

them under the provisions of said Act, Creet8 

an emergeqoy and sn imperative public necessity, 

that the Constitutional Rule requiring bills to 

be read on three several days, be end the same 

Is hereby suspended and that this Act shall take 

effect and be in force from and after its passage 

and approval by the Governor of this State, and 

it is. 80 enacted.” (Underscoring ours) 

The above act was signed by the Governor on April 

15th, 1941, and filed with the Secretary of State on .Aprll 16th, 

1941,. and became immediately effective. 

You are respectively advised that it is the opinion 

of this department that your question should be answered in 

the affirmative and it is so answered. 

Very truly yours 

WJF : db @TORN?ZY GiINlRAL OF TEAS 

Approved Apr 28, 1941 

/s/ Grover Sellers 

First Assistant 

Attorney General 

By ;Is/ Wm. J. FsMing 

Assistant 

Appro.ved : Opinion Commit tee 

BY B?B Chsirman 

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