TREATTORNET GENERAL, 

TEXAS 

PRICE DANIEL 

.‘vrTDRNEY GENERAL 

AUWTXN n.TExae 

January 25, 1952 

Hon. Raymond E. Magee Opinion Ro. V-1394 

County Attorney 

Galveston County Re: Maximum maturity period 

Galveston, Texas for time warrants issued 

to pay for voting machines. 

Dear Mr. Magee: 

Your request for an opinion contains the 

following question: 

May the county commissioners of Galveston County issue time warrants for the 

purchase of voting machines and set the maxlmum maturity date of these warrants for a 

period of ten years? 

Section 79 of the Texas Electiori Code (Sec. 

3. 6, Acts 52nd Leg., R.S. 1951, ch. 492, p. 

expressly authorizes the issuance of time warrants for the purchase of voting machines. Section 6 

of ‘Section 79, providing for the payment of these voting machines, provides in part: 

“The County Commissioners Court shall 

provide for the payment of voting machines 

to be used in such county in such manner as 

the Court may deem for the best Interest of 

the county, and for the purpose of paying 

for voting niaohines, such Commissioners Court 

is her~gbg authorized to issue bonds, and 

certificates of indebtedness, warrants, or 

other obligations’ to be used for this purpose and no other, which shall be a charge 

against the county, such bonds, certificates 

of indebtedness, or other obligations, may 

be issued with or without Interest payable 

at such time or times as the Commissioners 

Court may determine, but shall never be lssued nor sold for less than par; provided, 

however, that such Commissioners Court shall 

Issue such bonds, certif lcates of indebtedness, warrants, or other obligations, to be 

used for the purpose of payment of voting 

machines In the same manner and with the 

same authority as provided for the Issuance 
Hon. Raymond E. Magee, page 2 (V-1394) 

of warrants, bonds, certificates of indebtedness, or other obligations by th G 1 

?awS of this State. . . ." (Rm~ha~~r~dded.) 

Article 2368a, V.C.S., sets out the procsdure ithich must be folloved by the commissioners' court 

in issuing time warrants. Section 3 of Article 2368a 

provides: 

"When it shall be the intention of the 

Comissioners Court or of the governing 

bodies to issue time warrants for the payment of all or any part of the proposed 

contract, a notice to bidders required under 

Section 2 f this Act shall recite that 

fact, sett r ng out the maximum amount of 

the propoeed,time Warrant indebtedness, 

the rate of Interest such tinm warrants 

We find no statute limiting the maximum 

maturity date of time warrants, and therefora agree, 

irith ,you that‘there is no fixed maximum time for 

their maturity. When no maximum time is provided, 

as a generel rule this la construed to mean within 

a reasonable time. For this type of Indebtedness 

ten gehrs would not be unusual or unreasonable. It 

is therefore our opinion that Qalveston County may 

Issue tipts warrants payable over a period of ten years 

Par the purchase of votin machines, provided, the requUexmnts of Article 236 fi a ara complied with in all 

particulars. 

In writing this opinion this office is not 

passing upon the flnancilal condition of the county 

or deciding that the county's financial condition will 

permit the issuance of the warrants. This opinion is 

lllmited aolelg to the maximum allowable maturity dates 

of the warrants. 

The ccmmissioners~ court of Qalveston 

County may issue time warrants for the purchase of voting machines which may be payable 
kon. Raymond E. Magee, page 3 (v-1394) 

over a peribd of ten gears. -Art. 2368a, 

V.C.S.; Sec. 79, Texas Electlon Code (Sec. 

79, H.B. 6, Acts 52nd Leg., R.S. 1951, ch. 

492, p. 1126). 

You&r very truly, 

APPROVitD: 

Jo C. IWis, Jr. 

County Affairs Oioislon 

Charles D. Mathews 

First Asskrtent 

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