OFFICE OF THE A~ORNEY GENERAL 0~ TEXAS 

AUSTIN 

Honorable F'md Roz'ricr 

Couuty Auditor 

Polk Coun$y 

Livingston, Texas 

Bar S3.m 

Your reoiat reauest fo tourt, 

eout,thatrbond 

te that, .our BorluQlesiQi-lers sot 

Commtesi~oners of :tbeir rerrpeotvw bonda; supposedly as set out #2380, 

and 6762: mm ,one ot 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 asfollows; 
gcnorable Fred Norris, Page ~2 

"Art. 2340. Before entering upon 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 Interested La any 

contraot vltih,~ or claim against, the county In 

whLch he realdes, exoept such warrants a6 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 voluntary payment8 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 subscribe the oath required by the 

Constitution, and give-bond payable 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 faithfully perform all the dutier 

required of htm by.law or the uoraulruionerr 

oourt, snd that he vi11 pay out and disburse 

the inads aubjeot to hlr oontrol as the lav 

provlQee or aa+l oourt BWJJ dlreot. 

"&ii. 6762. In, all oountlee of thle 

State; 6s &mm by the preoedlng Federal 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 respective preoinots$ and under the direotlon OS the oomnf.sslone~s court shall have 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 ohasging of 

roads and the building of bridges under rules 

adopted by eaLd oourt. Bach aommlaeloner shall, 

first execute a bond OS one thousand dollar8 

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 required of him by lav, or by the oommissioners court, and that he vi11 account for 

all money or #her property belonging to the 

county that may o&ue into his possesalon." 

Polk county has the population of 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 capaolty a oommls8ioner i8 requlped 

to give another and different bond as required by Artlole 6762, 

supra, Bovever , it vi11 be noted that Artiole 6762 only spplls~ 

to those counties containing aa many as 40,000 Inhabitants as 

shown by the preceding Federal census. It is provided by Article 

6769, Vernon's Annotated Cl.vil Statutes that this law shall not 

be in operation in any county unless the commissioners court 

thereof in theiF judgment may 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 provisions of 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 question under conslderurtlon. ThereSore, you 

are respectful13 advised that It 1s the opinion of thla department that the commissioners of Polk Gounty do not have the legal 

Nthorltg to act as ex-officio road oommiaalonera as contemplated 

by Article'6762, snd that saSd cormniasioners are required to make 

Odlg one bond aa required by Artiole 2340, Vernon’s Annotated 

Civil Statutes. 

Trusting~that the foregoing fully ansvers your inquiry, 

lb are 

Yours very truly 

ATTORNEY OEHERAL OF TFSAS 

APFROVEDMAR 1, 1941 

lw;RS 

~. i 

ATTORhrEY Gi%~RAT, 03 TEXAS