**OFFICE OF**  **THE A~ORNEY**  **GENERAL 0~**  **TEXAS**
**AUSTIN**

Honorable

F'md Roz'ricr Couuty Auditor PolkCoun$y Livingston,

**Texas**
Bar S3.m

Your reoiat reauest fo tourt, eout,thatrbond

te that, .ourBorluQlesiQi-lers sot Commtesi~oners

of :tbeirrerrpeotvw bonda; supposedlyas set out #2380, and 6762: mm ,oneot the tbmmlsslone~a has MI-- i
fuabd 60 m&e ~only one bond; se set Outs in AH.4 #23&O." “ :_~

~. Aptioles 2340, 6744, and 6762~;brnon ’~ Annotated Civil Statutes;.read:r

as follows;gcnorable Fred Norris, Page ~2

"Art. 2340. Before enteringupon the duties 0r their arflae the oountg judge and each oommIstafozlerwhali take the~ofSlofal

oath end shall alao t&e a written oath that he vlL! not be dlrsotlp 0r.Indlreo~tl.y InterestedLa any contraotvltih,~

or claim against,the county In whLch he realdes, exoept such warrantsa6 may issue to him as isca of offl.ce.Eaoh~oezmlssloner shall exeoute a bond to be approved by the county Judge lnthe aumoftbmsthmmmd dollars,payable to the county treasurer,aondftioned SOF the felthful perfomawoe of the duties OS his offlce, that he will pay ,over to hia county ati moneys Illegally paid to him out of county Sunds, a8 voluntarypayment8 or othervlre,and that he ~111 not vote or gfve his tonsent to pay out county f'unds exoept SOP lawful purpooes.

**“ Art.**  6744. X&ah road superintendent shall wlth%n tventy cl&ye after his appointment take and subscribethe oath requiredby the Constitution,

and give-bondpayable to and to be **approved** by t&s aountr judge in such m&m ee the conmIssioner@

court my S&x, oondltloned that he will faithfullyperform all the dutier requiredof htm by.law or the uoraulruionerr oourt, snd **that** he vi11 pay out and disburse the inads aubjeot to hlr oontrolas the lav provlQee or aa+l oourt BWJJ dlreot. "&ii. 6762. In,

all oountleeof thle State; 6s &mm by the preoedlngFederal oenBUS to oontain as many as forty thousand In-, habitants the members of the~commissioners court ,shail

be ex-oSSl.cio

road ooamisaloners of theiF respectivepreoinots$and **under the**  direotlon OS the oomnf.sslone~s court shallhave charge of the ttmas, tools and lrvschlnerg belongIng to Qmoounty and placed In the~lr hands bg 8aEd oourt

. They shall superintend the ,layfng outi of new roads, the making or ohasgingof roads and the building of bridges under rules adopted by eaLd oourt. Bach aommlaeloner shall, first execute a bond OS one thousanddollar8 payabze to and to **be** sipproved by the eOuntY judge Sor..ae&se and **benefit** of the road **and** bridge fund, owdltloned that he will perform al1 the-, r . . .._

Bonorable

Fred Borris, Page 3

duties requiredof him by lav, or **by the**  **oom** missioners court, and that he vi11 account for all money or #her propertybelonging to the county that may o&ue into his possesalon."
Polk county has the populationof 20,636 lnhabltants according

to the 190 **Federal** census. Under Article 2340, supra, a bond for the faithful performance

of the duties of the offloe is required OS each oomtissioner: Where aounty oommlssloners are made ex-offloio road commissionera, and in this capaoltya oommls8ioner i8 requlped to give another and differentbond as requiredby Artlole 6762, supra, Bovever

, it vi11 be noted that Artiole 6762 only spplls~ to those counties containingaa many as 40,000 Inhabitants as shown by the precedingFederal census. It is provided by Article 6769, Vernon'sAnnotated Cl.vil Statutes that this law shall not be in operation in any countyunless the commissioners court thereof in theiF judgmentmay deem it advisable,and then only by an order OS said court when all the members are present,made Et some regular term thereof, wcepting the provisionsof said Let and such order shall be entered on the minutes of the said court.
We do not think that Article 6744 and Article 6762 are Epplicable

to the questionunder conslderurtlon. ThereSore,you are respectful13

advised that It 1s the opinion of thla departmentthat the commissioners of Polk Gounty do not have the legal Nthorltg to act as ex-officioroad oommiaalonera as contemplated byArticle'6762,

snd that saSd cormniasioners are required to make Odlgone bond **aa** requiredby Artiole 2340, Vernon’s Annotated CivilStatutes.

Trusting~thatthe foregoingfully ansvers your inquiry, lb **are**
Yours very truly
ATTORNEYOEHERAL **OF TFSAS** 

APFROVEDMAR 1, 1941

lw;RS ~. i

ATTORhrEYGi%~RAT, 03 TEXAS