NEY GENERAL 

F %-EXAS 

PRICE DANIEL ATTORNEY GENERAL 

AUSTIN 11. TEXAS 

July 9, 1949. 

Ron. F~auk C. Dickey 

County Attorney 

Coke County 

Robert Lee, Texas 

DeaP StPI 

opinion no. v-837. 

Re: Issuance of time warranlls 

under facts submitted. 

You have requested an o$Snion regarding the 

authmU,g or the C~mml.ssl&e~~’ Court of Coke County to 

issue time warrants for the construction or a county 

hospital under the following circumstances. On May 20, 

1949, the Commissioners’ Court gave notlae to the bldders that on ,June 18, 1949, the Commlsslone~s~ Court of 

Coke County would let a contract for the building of a 

county hospital and pay fop the constpuctlon by the lssuance of time wamants payable ovep a period of years 

not to exceed twenty. On June 18, before bids wepe 

opened and befope any aotion was taken on the letting 

of the eontract, a patltlon of duly qualified property 

taxpaying voters numbering in excess of ten per cent of 

the number of quallflecl pnoperty.,ta.xpaylng voters as 

shown by the last a proved tax rolls was presented to 

the Commissioners t E ourt in writing to submit to a ~eferendum vote the question as to the issuance of bonds 

for the purpose of paying for the construction of the 

county hospital named in the notice of May 20, 1949. 

V-7 

It was held in Attorney~General’s Opinion Do, 

z 

9 that if the poceedlngs authorizing the lssuanoo 

of 67,000 of warrants inquired about in that opinion 

were in accordance with the tepms and conditions of Article 2368a, and if no referendum petition wepe filed in 

connection therewith, then such warrants could lavfully 

be Issued. It was held in Attorney Genepal’s Opinion 

v-728 that the Commlssione~s~ Court was authorized to 

issue additional warrants for the purpose of itqmovi 

the grounds of Dexar County Agricultural and Livestee 2 

Building subject to t& ylghtof referendum by the votOFS* 

Accord 

?L 

to 

tltion of duly qua 

the facts submitted by you, a pafled voters In exxhear of ten pep 

sent of the numbwr Or qualified votorr shown by the la*% 
Bon. Frank C. Mcksy, page 2~ (V-837) 

approved tax rolls was presented within the tllae proscribed by law to the Comlas$ane~s~ Court in urltlng to 

submit to a referendum vote tha question as to the lssuance of bonda for the purpoae.of paying for the conrtruction of the county hosplt81 in question. Section 4 of 

Article 2368a gives the vqters the right to file a referendum petition on such questions; and Article 4478 

V.C.S., upon the petition by tau per cent of the quallfled property taxpaslrig votem, autho#?lees an election 

for the laauance of bonds fop the establishment, enlargement, and eqllipment or the county hospital. In rim of 

the facts eubmltted, It Is our opinion that the ComaIsaionem' Court of Coke County ovot legally issue the 

time warrmt8 in question, buli must submlt to the quallfled property taxpaying voters the question as to the 

issuance of bonder ior the purpose 0r paJlng for the oomatruetlon of the county hospital. 

Uhero a referendum petition by ten POP 

cent of the quallfled property taxpaying voters of a county has been presentad to the 

Commlasionera~ Court wlthln the time prsscribed by law, petitioning the court to rubnit to a vote the question as to issuance 0r 

bonds for the purpose of paylng for the conatructlca of a county hospital, the Commlssltoners 1 Court does not have the authority to 

iasae t&w warrants for such purpose, but 

ruHi sunbelt to the Voter6 the question of iaaimme of bonds for the purpose 0r paying r0r 

the oomtruotlon. 

APPROVBD 

l . 

a+@“I R;“” ST ASSISTANT 

ATTOltElK 0-L 

JRrbh 

Pour8 very truly, 

ATTORHEY GEXEZAL OF TEXAS