Honorable John W. Crudgington 

County Auditor 

potter county 

Aniarlllo, Texas 

Dear Sir: 

Opinion Number O-5493 

lb: Construction of the decision 

in the Co&ran County Mmdmmm 

Suit in the Supreme Court of 

Texaa . 

We are in receipt of your letter of recent date, reading as followa: 

"With reference to the man~amua'proceeding, 

involving a refunding bond recoz+d, filed last 

April by Cochran County in the Supreme Court of 

Texas, which recently has rendered a final decision, as we are informed, in favor of the 

petitioner, will you kindly advise us with 

respect to the following points of law: 

"(a) What is your official qonstruction of 

the declsion'~ 

l'(b) ;t;;,;;nty bonds are slgible for re- 

"(c) '%hat special procedural requirements, 

under this rulfny;, must be met by a 

county, scekin-, to refund its outstanding bonds, :n crdcr tc FreDare a prcper 

reccrd for submission for your apprcq&lV 
. . -* 

Honorable Sohn ii. grudgington, page 2 C-5493 

"(d) In your opinion, is there any reason 

why PrOCSSdingS under this decision 

should not be instituted at once by 

a county, desirous of refunding its 

elgible bonds? 

"In view of the many conflicting opinions 

current, regarding the proper constructlcn of 

this law, as it now stands, we beg to submit 

that a comprehensive, forthrl@t, official 

statement from your office, to clarify the sltuation, would be,of inestimable value at this 

time to county officials throughout the state, 

toenable them to appralss the opportunities 

lntellinentlv and to oroteet the legal righta 

of thel$ res&ctive cbuntier ,‘I 

lows: 

Your questions are answered In their order aa fol- 

(a) Our construction of the oEinibn is that the Attorney Coneral is requiz+J,to approve the ochrm County 

bonds issued to refund co&ran County Courthouse bonds. The 

origina 

ter 1, i 

bonds sought to be refunded were issued under Chapltle 18, tievised #tatutes 1911. The opinion of the 

court declares: 

"As we construe the above statute, where bonds 

are issued under the Chapter therein referred to, 

if the ~ommlssioners I Court at the timeare issued makes no provision concerning its.'right 

to redeem the bonds prior to their maturity, they 

may be redeemed at the pleasure of the county at 

any time after five years after the "8ssuence thereOf. However,, the Commissioners' Court may, by sn 

appropriate order entered at the time the bonds 

are issued postpone the date after which the bkds 

may be redeemed to not exceeding ten years from the 

date of their issuance." (Underlining curs) 
L - 

Honorable John W. Crudgington, page 3 C-5493 

Chapter 1, Title 18, Revised Statutes of 1911, is 

now Chapter 2, Title 22, Revised Statutes of 1925. 

(b) We construe the opinion of the court ES being 

appliczable only to county bonds issued under authority of 

Article 610, Revlaed Statutes 1911 (now Article aevlsed 

Statutes 192.5). This statute provides that the z 

18, 

ommisaloners’ Court of a county, pursuant to an election duly held, 

may Issue the bonds of such ccunty for the following purposes: 

1. To erect a county courthouse and jail, or either; 

2. To purchase suitable sites within the county and 

construct buildings thereon to provide homes or schools for 

dependent and delinquent boys and girls or for either; 

3. To establish county pocr homes and farms in the 

county; 

4. To purchase and construct bridges for public purposes within the county or aoross a stream that conatltutea a 

boundary line of the county: 

5. To improve and maintain the public roads in the 

coutlty. 

'When the Commissionera~ Court shall deem it advisable 

to issue bonds for both the purchase or ccnstruction of bridges 

and Improvement and maintenance of the public roads, both questions may be submitted and voted on as one proposition. 

The Supreme Court confined its opinion cnly to bonds 

issued under Chapter 1, Title 18. 

'Ne.cannot, of course, determine what effect the 

Supreme Court would give said ocinlon In constru!.ng other 

statutes relating tc bond issues. 
Honorable John W. Crudgington, page 4 O-5493 

(c) There are no special procedural requirements. 

The refunding bonds may be issued as any other refunding 

bonds Issued to refund optional bends. The court should 

adopt a resolution authorlslng the publication of call 

notice, a copy of such notice to be supplied tothe paying 

agent names in the outstanding bonds, and published in such 

papers of general circulation as shall be designated in the 

resolution. 

(d) 'de think that whether a ceunty proceeds to refund its bonds under the decision of the upreme Court In 

the Sochran County case is a matter wit,hiA the discretion of 

'the Commissioners Court. 

"cry truly yours 

ATTORNEY GENERAL OF TMAS 

BY C. F. Gibson 

Aseiat%ult 

CFG-s/Pw 

APPROVED AU0 6 1943 

GROVER SELLERS 

FIRST ASSISTANT 

ATTORNEY GENERAL 

APPROVED OPINION COMMITTEE 

BY WiB, CHAIRMAN