Hon. Reagan S. Wyche 

County Auditor 

Gregg County 

Longview, Texas 

Dear Sir: 

Opinion No. O-6473 

Re: Does the Commissioners’ Court 

of Gregg Count have the authority 

under Section 2: Article 2368a, 

issue time warr&s for the conto 

struction of an administration building for the County Airport,, or would 

it have to hold an e.lection as prescribed in Article 701, Revised Civil 

Statutes? 

We are in receipt of your request for an opinion 

reading as follows: 

“Gregg Country owns an Airport. It is propose~d 

that the Commissioners 1 Court construct an Administration Building, financing the construction by the 

issuance of Time Warrants. 

“Section 2 of Article 2368a, (Acts, 1931, 42nd 

Leg., page 269, chapter 163) provides in part as follows: 

tt’No county acting through its Commissioners’ 

Court, and no ‘city in this State, shall hereafter 

make or enter into any contract or agreement for the 

construction of any public building or the prosecution and completion of any public w&k re uiring or 

authorizing any expenditure in excess of iI2 ,000 .oo ) 

creating or imposing an obligation or liability of 

any nature or character upon such county, or any subdivision of such county, or upon such city, without 

first submitting such proposed contract or agreement 

to competitive bids. a . .I 

“Section 3 provides as follows: 

litWhen it shall be the intention of the Commissioners* Court, or of the governing body, to issue 

time warrants for the payment of all or any part of 

the proposed contract, the notice to bidders required 

under Section 2 of this Act shall recite that fact, 

setting out the maximum amount of the proposed time 
Hon. Reagan S. Wyche, page 2 

warrant indebtedness, the rate of interest 

such time warrants are to bear, and the naximum maturity date thereof.1 

‘!Section 4 provides for a referendum on 

petition by ten per cent of the qualified voters 

of the County whose names appear on the last approved tax rolls as property tax payers,and then, 

the concluding paragraph of Section 4 provides as 

follows: 

“IIf such petition is not so filed with the 

County Clerk then the Commissioners1 Court or the 

governing bo 4 y may proceed with the final award of 

the contract and with the issuance of said warrants, but in the absence of such petition, the Commissioners’ Court or governing body may at its discretion also submit such question to a vote of the 

people.’ 

“Section 2(a) of Article 1269h (as amended) 

(Acts, 1941, 47th Leg., 

1) provides as follows: 

page 1345, chapter 609, Sec. 

l’tFor the purpose of condemning or purchasing, 

either or both, lands to be used and maintained as 

provided in Section 1 hereof, and improving and 

equipping the same for such use, the governing body 

of any city or the Commissioners Court of any couuty, falling within the terms of such Section, may 

issue negotiable bonds of the city or of the county, 

as the case may be, and levy taxes to provide for 

the interest and sinking funds of any such bonds and 

levy and collection of such taxes to be exercised in 

accordance with the provisions of Chapter 1 of Title 

22 of the Revised Civil Statutes of 1925. t 

“Article 701 

22, referred to !I 

being a part of Chapter 1 of Title 

a ove, provides as follows: 

“‘The bonds of a County or an incorporated city 

or town shall never be issued for any purpose unless 

a proposition for the issuance of such bonds shall 

have been first submitted to the qualified voters who 

are property tax payers of such county, city, or town.’ 
Hon. Reagan S. Wyohe, page 3 

"QUESTION: Does the Commissioners Court of Gregg 

County have the authority under Section 4 of Article 2368a, 

quoted above, to issue Time Warrants for the construction of 

an administration building for the County Airport, or would it 

have to hold an election as prescribed in Article 7011" 

In our opinion No. O-4357, we said: 

"It is a well established rule of law in this 

State that a county, subject to the express restrictions imposed by the Constitution and general laws, 

has the implied power to issue time warrants in payment for improvements it is expressly authorized to 

construct, provided the applicable regulations relating to the issuance of such warrants are observed. 

San Patricia County v. McClane, 58 Tex. 243. Lasiter 

v. Lopez, 217 S.W. 373; Adams v. 

332." 

McGill, 14b S.W. (2a) 

Courts to 

Section 1, Article 1269h, authorizes Commissioners' 

"acquire, maintain and operate" tracts of lands within 

the limits of the county as an airport. 

Section 2 of Article 126911 authorizes the issuance 

of bonds for the purpose of condemning or purchasing lands and 

improving and equipping the same for such use. The construction 

of an Administration building is a necessary part of the equipment of an airport. 

Article 2368a provides the necessary procedure for 

the issuance of time warrants, and by following the provisions 

thereof, Gregg County may issue time warrants to construct the 

building mentioned by you. 

Of course the County may issue bonds if their issuance is authorized t, y the qualified property taxpayers at an 

election held as provided in Chapter 1, Title 22, Revised Statutes. 

The tax to support either bonds or warrants must be 

levied out of the twenty-five cent tax authorized for permanent 

improvements, and must be levied at the time the debt is created. 

APPROVED MAR 27, 1946 

/s/ Grover Sellers 

ATTORNEY GENERAL OF TEXAS 

APPROVED: OPINION COMMITTEE 

BY: 

CFG:EP:wb 

BWB, CHAIRMAN 

Yours very truly 

ATTORNEY GENERAL OF TEXAS 

By /s/ C. F. Gibson 

C. F. Gibson, Assistant