Honorable L. L. Roberts 

Chmnty AuUitor 

Hzt0bfnmson County 

Stimett , Texas 

Dear Sfrr 

Opinion Runber o-5223 

Rer Whether moneys in county 

lateral road fund may be 

invested in obligations of 

the United States of America. 

We have received your letter of April 14, 1943, in which 

$a~ ask the opinion of this department upon the following queatlon: 

'%oes the County have legal authority to invtist money I.XI 

the Lateral Road Fund of the County ih 'United States of 

Amarias y/8 Percent l?easury Certifioates of Indebtedness of 

Series B-1944', or other U. 3. bonds?" 

- . 

Article 6674Q-8 (c), Vernon's Annotated Civil Statutes, 

provf8eu as follows: 

"It shall be unlawful for any county judge or any county 

commissioner, while sating in his offialal capaolty or otherwfse, to uses any money out of the lateral road acoount for 

any pqose exoept the purposes enumerated in this Act. If 

a7ky county judge or any aounty commissioner shall knowingly 

expend or use, or vote for the use or agree to expend or use 

any sum of money aocruing to any county in this state from 

the lateral road accounts, for~any $rupose not authorleed-~bj 

this Act, or shall knowingly make any false statement aoncieimfng the expenditure of any such money, he shall be deemed 

guilty of a felony and upon conviction shall be punished by 

c:oEfinement in the Stbte Penitentiary for not leas than two 

(2) years nor more than five (5) 'gears." 
RonoPable L. L. Roberts, page 2 (O-5223) 

On October 15, 1942, this depar’&uent i% Opi~~iox:Y!o. O4906 ruled that, in view of Art.‘Lole 66788-8(a), mon@y fn ‘t*.:~ 

lateral road fund of a ootmty may not be l&vested in*,‘~CkC%& 3ksks 

War Savings Bonds. Unless our statutes have bsea okanged, we PX-Z: 

hold that the m3.e of law ~0~Oea In opinion ~o;c-%m5 fs epplicable to yozne question and compels a negatfve amwc(qnr, 

The Forty-eighth Legislature, now iar ae,as5z0 pale& Smate 

Bfll No. 199, which bill was approved by the G~VSYZXJP 0~~ .Ap%Z 

12, 1943. Section 1 of Senate Bill.Ho. 199 awb~m%wxd %a fnvestmenti of State funds in obligations of the Usait~~C&%a~%~u:&Y? 

certain condftions e Section 2 of said bill applies to ,$?m poll-Z-,f@al 

subdivfsions of the State and provides as follows! 

“That any polltloal subdivialon of the 3ta’ts of Texas 

which heretofore has issued and sold bonds am? fs ?.~a:??& 

to obtain labor and materials ‘to oarry out the pi-xose for 

which the bonds were issued may invest the psocesc”.s of sz!r.oh 

bonds now on hand ln deferis& bonds OS otkcuz? 05lfga’kLe.ux;“~s ofthe Unftea States of America; prbvided, kloweve~~ %&I% V&Y:.- 

ever war time or any other regulations shall perz~II% sula11 

polftical subdivisions to aaquire the necessagg 1aSoc and 

materials, the obligations of the United Stats6 tiU ?&&ah 

said proceeds are invested shall be sold or redeemed. and 

the proaeeds of said obligations 6hal.J. be used for %km p~u?pose 

for whleh the bonds of srag auoh polltical sube?ivlsLous w~zw 

authorir;ed. ” 

You will notioe that Section 2 iar limited &I?. scope to the 

ppoceeda of bonds which have heretofore been issued bnt w%L~k 

proceeds can not be used to oa%rf out the p!z??pBse fey wbieh the bonds 

were Issued because of laok of mater4ala and labor. Setitlon~ 2, 

therefore, does not affect the situatiion under oonsP&%%i-Bon, nor 

floes it ohange the principles of law amoun%ed In Opfaio~ %z. 0-@Xk 

You are, thcwefo~e, respectfu19y advised that yap q$esXan fs 

amwersd in the negat,ive. 

A copy OP Opinion No. O-4906 is herewLth enclose&. 

very truly yours 

ATTORIQZY GElQ!EAL OF ‘TECA3 

GWS-s 

Rncl, 

By /s/ George W. Sparks 

~~~~~~~~~~lg43 

George W. Sparks 

Assistant APPROVED 

OPINION co!4BwPTEE 

ATTORNEY @ENEfUL