Honorable Rewell Cambron

CountyAuditor Hopkins County' Sulphur Springs, Texas

Dear Sir3 Obinion Ro. O-4033 Rb: Under the fa&s submitted
are the County Commissioners of Hopkins County free to spend over ana above'their budget allotment; the amouht which they'have earned'in excess of~the amount it iras anticipated that they would earn?

Your letter of September 9, 1942,requesting the opinion of this department on the above stated question reads
as follows~

'"I am in immediateneed of.an opinion as to the limitation of expendituresunder the uniform budget law. One of our road and bridge prebincts has exceeded its authorized expenditures bg more than $3000.00. Hotieverthe commissioner of this precln'ct has earned over $1200..00

with his equipment and It was anticipated that he irould-earn approximately. $2000.00. 'Anotherone'of the'commissioners has $2267.40 leftln'his budget and'has earned iiith his equipment $12271;89,'ln oomparison with a~~budget

estimate thathe~ would.earnapproximately~$2000.00~ The question which I would lrkb to-askyou-is thFs:-' Are these bomq iss'lonera

free to spend over and above their budget allotment the amount which they have earned ln excess-of the amount Ft was anticipated that they would earn. If.~you-are in need of shy other informationrelative to thFs I shall .beglad to supply Ft.

"RextMonday September 14th is OUP Commlssioners Court day and 1f you can possibly sendmean opinionby that date I would greatly appreciate your doFng so."honorable Newell Cambron, Page 2 _ .. -’

Article 2372c,Vernon'sAnnotated Civil Statutks, among other things, authorizes the counties of this State acting through the commissconers'courts of said counties to employ, or permit to be employed, any road, construction
or othermachinery or road equipment in the servic.e of sol1 eonservationahd prevention of'soilwaste through erosion, cThenever

in the judgment of the county commissioners' court, entered upon the minutes of the Court, suchmachinery or e'quipment

is not demanded for the service of building and tho upkeep of the roads of the county; and shallprovide for compensationto the county road'fund, OP the road funds of any defined district br authorizedsubdivision in the county, for such employment ofroad equipment. In other ords, the Commissioners1 'courts of the. various counties have the authority to cooperatewFth the land owners and tax payers of said counties Fn all judiclous'effortsfor the preservation of the productiveness of the soil from avoidable waste, and loss'

of productivenessof agricultural crops necessary to the public welfare, through permission to use the machinery and equipment that Mayo be made available by the county for such purposes under written contract,and the county shall receive from such land 'owners and taxpayers compensation,upon such uniform basis as may be deemed equitable and proper, for the cooperationextended and servicesrendered, all such compensation or funds to the county to be paid into the road and bridge fund of the county.

As we understandyour request, the money referred to is money earned by the various county commissionersof

eour county under the above mentioned statute. In peparing he county budget it was estimated'that' the various tiommiss'Soners would earn approximately $2000.00 each by then use of the road machinery for'thepurposes set out in Article 2372c, supra. However, two of the commissioners' earned in excess of the amount estimated, therefore, such earnings' were not anticipated or set forth In the budget and the question arises whether or' not these commissionersare free to spend

over and above their budget allotment the amount whFch they have oarned in excess of the amount it was anticipated that they would earn.

Article 68ga-9, Vernon's Annotated Civil Statute.s, provides for the preparation of the countybudget. Article 68ga-10, Vernon's Annotated Civil Statutes, provides that. when the county judgehas completeda budget for the county that a copy of the same shouldbe filed with the clerk of the county, available for the inspection of any taxpayer.Honorable Newell Cambron, Page 3

., Article 689ak11,Vernon*8 Anaotated Civil Statutes, reads in part as follows:

_ "* + * When the budget has been finally " approved by the obmmissFoherstcourt,-thebudget as~approvedby the'court'shallbe filea'tith the clerk of the-'

oouhtj"court;and taxes IevieiYonlg in' accordance therewlth,/andno bxPendrfurba of the.funds of'

the county-~shall

thereafterbe made except Fn.strIct aompllanob~wlththe budget'~asadopted by the court. Excebt in emergency expenditures,~ln case of grave public necessity, to meet unusual'

and unforseenbondltions, which cou'ld not, by reasonable diligent thought and attentFon, have been Included in the original buoget, may from time to time be aut.herized.by the court as amendmeat to the originalbudget. In all cases where-such amendments to the originalbudget'

are made',

a copy of the order of the 6ourt amending the budget shallbe filed with the clerk of the county court, and attached to the budget originallyadopted."

'Thisdepartmenthas repeatedly ruled that the~~~CommlaslonersfCoUFt of a county Is without authority to make any'expenditure‘

of funds bf the 'tiohnty except-La strict compllanoe withy

the budgef;exoept emergency'expendltureaia
case of rave public necessity, Article ~89a,,

supra. % aa~outlinedby Section 11 of

This department has also repeatedly ruled that Section'20 of'ArtScle.68%, Veraon's Annotated Civil Statutes does not authorize the commissioners'court to 7.ntirease

ths budget after'lts adoptibn and that to hold otherwisewould destroy the very purpose of theAct.

., We enclose-herewlthcopies of OplnlonHos. 0'1053 and O-1022 of this department which contain discussions of the budget law.

'OpinionNo. O-1053 defines terms "grave"and "public'

necessity". OpinionsPros.O-1053 and O-1022 hold that the question 'of"gravepublic necessLty" Is a fabt question to be determinedprimarilyby the commlaslonera~ court.

In vFew of the foregoing statutes and the facts contained inyour inquiry, the above'stated question la respectfullyanswered Fn the negative.Honorable Newell Cambron, Page 4

You are further advi~sed that whether or not the county budget can now.be amended in order that the above mentioned funds may be expended depends upon whether or not "gravepublic necessity" exists', and as above stated, the question of "gravepublic necessity" is a fact question to be determinedprimarily by the commissioners'court.

Trusting that the foregoing fully answersyour inquiry, we are

Yours very truly

ATTORNEY GENERAL OF TEXAS

APPROVED SEPT. ~17, 1942 /s/Grover Sellers FIRST ASSISTANT ATTORNEY GENERAL

AW:nw:jrb Encl. By /s/Ardell Williams Ardell Williams Assistant

APPROVED OPINION COMMITTEE BY BWB, Chairman