. . 

THEAA~TORNEYGENERAI. 

OF TEXAS 

AUSTIN SZ.‘D?EXAS 

WVIJiL WILSON 

ATTORNEYGENERAL 

February 20, 1957. 

Honorable Leonard Howell, Opinion WW - 33 

county Attorney, 

Midland County, Re: The authority of the 

Midland, Texas. County Commlssloners ’ 

Court to Choose a 

County Depository 

Under the Stated 

Dear Mr. Howell: Facts. 

In your letter of February 11, 1957, you requested an 

opinion concerning the authority of the County Commissioners’ 

Court of Midland County, Texas, to select a bank as a county 

depository. The fact altuation Involved in your request Is substantially as follows : 

The County Commlasloners’ Court of Midland County, Texas, 

having given notfce as required by Article 2544, Vernon’s Civil 

Statutes, proceeded in their selection of a county depository in 

accordance with the provisions of Article 2546, Vernon’s Civil 

Statutes. It was at that time noted that but one of the applying 

banks had complied with the provisions of Article 2545, Vernon’s 

Civil Statutes, requiring the applicant to make a statement of the 

amount of its paid up capital stock and permanent surplus and to 

Include a statement showing the flnanclal condition of said applicant. The President of the First National Bank of Midland, Texas, 

was present at the meeting of the County Commissioners’ Court,however, and proceeded to orally submit the Information which had 

been omitted from the application of his bank. This information 

was subsequently submitted to the County Commissioners' Court in 

proper written form that same day. After consideration and discussion of the applicants by the Commissioners’ Court, on the same 

day, a motion was made, seconded, and unanimously approved that 

the First National Bank of Midland, Texas, be awarded the contract 

as the Depository of the County Public Funds. 

Based upon the above facts , you asked the following 

question: 

?Zan the County Commissioners Court of 

Midland County, Texas, lawfully consider and accept 

the application of the First National Bank, Midland, 

Texas, as a depository of the Public Funds of said 
Hon. Leonard Howell - page 2 - ww- 33 

County when said applicant failed to originally 

Include with its application the statement of 

the amount of paid up capital stock and permanent uurplus and a statement ahowlng its flnanclal condition at the date of said application, 

although said applicant’s president, at the 

meeting of the Commissioners Court held to consider such applicants, arose and verbally gave 

such Information to said Commissioners Court, 

and~thereafter, the same day, during said Bank’s 

regular banking hours, caused to be delivered 

to said Commissioners Court a proper statement 

of such matters?” 

Article 2545, Vernon’s Civil Statutes ‘reads in part: 

“Any banking corporation, association or 

Individual banker In such county desiring to be 

designated as county depository shall make and 

deliver to the County Judge an application applying for such funds and said application shall 

state the amount of paid up capital stock and 

permanent surplus of said bank and there shall be 

furnished with said application a statement showing the financial condition of said bank at the 

date of said application which shall be delivered 

to the County Judge on or before the first day of 

the term of the Comm~slonersurt at which the 

selection of the depositories Is to be made.. . . ” 

(Fmphas la ours ) . 

Article 2546, Vernon’s Civil Statutes reads In part: 

“It shall be the duty of the Commissioners 

Court at ten o’clock a. m. on the first day of each 

term at which banks are to be selected as county 

deporltorles, to consider all applications filed 

with the County Judge, cause such applications to 

be entered upon the minutes of the Court and to 

select those applicants that are acceptable and who 

offer the most favorable terms and conditions for 

the handling of such funds and having the power to 

reject those whose management or condition, In the 

opinion of the Court, does not warrant placing of 

county funds In their possession . . . .” 
. - 

Hon. Leonard Howell - Page 3 - w-33 

The applicant bank In queatlon has shown an~lntent to 

apply to the County Commissioners 1 Court of Midland County, Texas, 

for a designation as the county depository. It has evidenced this 

by the fllln 

2545 and 254 8 

of the written application. Inasmuch as Articles 

Vernon's Civil Statutes, as quoted above, allow for 

the filing of'appllcatlons by banks on or before the first day of 

the term of the County Commissioners T-Courtlch the selection 

Is to be made and for the selection of a bank by the'county Commissioners' Court as a county depository on that date; It Is our 

opinion that the supplemental Information as furnished by the 

President of the First National Bank of Midland, could properly be 

considered as submitted on or before the date required by Article 

2545. 

For the reasons mentioned above, It Is our opinion that 

the County Commissioners' Court of Midland County, Texas, may lawfully consider and accept the application of the First National 

Bank of Midland, Texas, as a county depository. 

In the light of the above comment, It becomes unnecessary 

to answer your second Inquiry concerning the handling of these 

applications. 

SUMMARY 

The County Commissioners' Court may 

lawfully consider and accept the appllcatlon of a Bank as a County Depository where 

the application did not contain a statement 

showing the financial condition of the bank 

but the President orally supplied such lnformation and subsequently submitted It In 

proper written form on the date the appllcatlons were opened and considered by the Court. 

Very truly yours, 

WCRjr:f 

APPROVED: 

OPINION COMMITTE 

By II. Grady Chandler, 

Chairman 

WILL WILSON 

ATTORNEY(IJENERALOFTXA3 r\ 

stant Attorney General