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## 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 abank as a county depository. The fact altuation Involved in your request Is substantially as follows :

TheCounty Commlasloners’ Court of Midland County, Texas, having given notfce as required byArticle 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 wasat 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 makeastatement of the amount of its paid up capital stock and permanent surplus and to Include astatement 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 sameday. After consideration and discussion of the applicants by the Commissioners’ Court, on the same day, a motion was made, seconded, andunanimously approved that the First National Bankof 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 andaccept the application of the First National Bank, Midland, Texas, as adepository 

### ofthe Public Funds of saidHon. Leonard Howell - page 2 -ww-

## 33

County whensaid applicant failed to originally Include with its application the statement of the amount of paid upcapital stock and permanent uurplus andastatement 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 andverbally 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:

“Anybanking corporation, association or Individual banker In such county desiring to be designated as county depository shall makeand deliver to the County Judge anapplication applying for such funds andsaid application shall state the amount of paid up capital stock and permanent surplus of said bank and there shall be furnished with said application astatement 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..

..” (Fmphasla 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 andwho 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

Theapplicant bank In queatlon has shown an~lntent to apply to the County Commissioners 1Court 

### of Midland County, Texas, for adesignation as the county depository. It has evidenced this by the fllln 2545 and 2548of the written application. Inasmuch as Articles

Vernon's Civil Statutes, as quoted above, allow for the filing of'appllcatlons bybanks on or before the first day of the term of the County Commissioners T-Courtlch the selection Is to be madeand 

### forthe selection of abank 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 Bankof Midland, could properly be considered as submitted on or before the date required byArticle 

## 2545. For the reasons mentioned above, It Is our opinion that the County Commissioners' Court of Midland County, Texas, maylawfully consider andaccept the application of the First National Bank

### ofMidland, 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 andaccept the appllcatlon of aBankas aCounty Depository where the application did not contain astatement 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: OPINIONCOMMITTE By II. Grady Chandler, Chairman WILLWILSON ATTORNEY(IJENERALOFTXA3 r\

stant Attorney General