OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Rgnolvlble T. Gilbert Adam 

County Attorney 

Jasper County 

Jasper, Texas 

Dear Sir: 

ion or this dep 

in part ae ioll 

by the Colamissioners 

8, to aeoure the 

IL the authority of 

ae $7000.00 of the 

d~slnklng Fund or Road 

County, Texae, aa a reour houra notioe. 

requires that the county furnish 

the revolving fund ior.the Bet-up, and the ourplue id the,road distriot Interest end Sinking 

Fund is the only eurplne which the oountg hae to 

draw from ror this prograra,a 

Seation 17, of Article 2'3.51, Vernon's Annotated 

Civil Statutes, provides in part: 
Eonorable T. Gilbert Adams, Page 2 

i the Commissloaers Court OS eaoh oounty 

Of this State, in addition of the powers already 

oonferred on it by.law, is hereby empowered to 

oreate a revolving fund or funds and to make 

appropriations thereto out of the generalrevewe of such county; and such revolving fund 

shall be used by suoh aounty only In oooperatioa 

with the United States Department of Agriculture 

to aid and assist la oarrylag out the purposes 

and provisions of an Act 0r Congress 0r the 

United States pertaining tothe distribution 

of commodities to persons in need of assistanoe, 

under the dlreotien of the United, States Department of Agrioukture; provided, however, that the 

county shall have oa hand at all times either 

the moneys appropriated to suoh revolving fund 

or l’unds or the equivalent thereof in stamps 

issued by the United States Department of Agriculture under the Fodd and/or Cotton Stamp Plan; 

which stamps are oonvertible into oash at any 

time .* 

Article ISSa, Veraon’s Annotated Civil Statutes, 

authorizes any county or any polltlcal’subdivlaion~ol the 

county, or any road dietriot that has beenor may be~oreated 

by any general or speoial law to issue bonds for the purpose 

of oonstruotloa, maintenance and operation of ,maoadamLzed, 

graveled or paved roads, and turnpikes, or In aid thereof’, 

in any amount not exoeedlng one-fourth of the assessed valuation of the real property of suah oounty or politloal suvdivisioa or road distrlot, and to levy and oolleot.aUvalorem 

taxes to pay the interest on such bonds and provide a sinking fund for the redemption thereof. 

Artiole 779, Vernon’s Annotated Civil Statutes, 

provides! 

The commissioners oourts. may invest sink- ’ 

ing funds acoumulated for the redemption and 

payment of any bends issued by suoh oounty, 

politioal subdivision or defined district thereof, in bonds ofthe United States, Of.Texas, or’ 

any county in this State; or in bonds of the 

Federal Farm Loan Bank System. NO suoh bonds 

shall be purchased which; aooording to their 

terms, mature at a date subsequamt to the time 

OS maturity of the bonds for the payment of 

whioh such siraging fund was created.* 
Honorable T. Gilbert Adams, Page 3 

provides: 

ArtiOle 780, Vernon's Annotated Oivil Statutes, 

*All i6terest on such investments shall be 

applied,to the sinking fund to whioh it belongs, 

and the use of suoh funds for any other purpose 

shall be oonsldered a diversion thereof and punished as provided by artiole 94 of the Penal 

Code." 

Artiole 779, supra, describ ed the manner and designates the bonds, wh**h the sinking funds aoouniulated for 

the redemption and payment of any bonds issuedby such oouM,V, 

political subdivision or defined district may be invested. 

However, this statute does not authorize the oonimlssioners~ 

oourt to use any portion of the surplus in the interest and 

sinking fund for any other purpose. 

Ia view of the foregoing statutes It is our opinion that any surplus in'the interest and sinkl5g fund of 

the road distriot must be applied to the speoifio purpose 

or purposes for which It was raised and aoWaulated, whloh 

was for the redemption and payment of the ~bond issue and. 

the interest thereon;exoept the investmedts authorized by. 

Article 779, supra. Therefore, the oommissioners* oourt 

has no legal authority er power to use s5y emouatof the 

surplus in the interest and sinking fund OS the above 

mentioned road'distriot for the purpose of'settiag up a 

revolving fund for the oountp, to be used by said county 

in oooperation with the United States Department of Agri-' 

oultureix aid and assist in carrying out the purpose and 

provisi058 of se&Ion 17, Artfole 2351, eupra, end an Act 

of ~Gongress pertaining to the distribution of commodities 

to persons in need of assistance regarding the food and/or 

aotton stamp plan. 

Yours very truly 

ATfORNEp GENERALOFTEXAS 

APPROVED FEB 19, 1942 

a/ Grover Sellers 

FIFLSTASSISWN!C 

ATTORNEY GXXXE?AL 

1IW:I.M 

APPROVED OPINIOIi comalTEE BY Bg cm