## TREATTORNET GENERAL, TEXAS

PRICE DANIEL

.‘vrTDRNEY

GENERAL AUWTXN n.TExae

January 25, 1952

Hon. RaymondE. Magee Opinion Ro. V-1394 CountyAttorney Galveston County Re: Maximum maturity period Galveston, Texas for time warrants issued to pay for voting machines. DearMr. Magee:

Your request for an opinion contains the following question:

Maythe county commissioners of Galveston County issue time warrants for the purchase of voting machines andset 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:

“TheCounty Commissioners Court shall provide for the payment of voting machines to be used in such county in such manneras the Court maydeemfor the best Interest of the county, andfor the purpose of paying for voting niaohines, such Commissioners Court is her~gbgauthorized to issue bonds, and certificates of indebtedness, warrants, or other obligations’ to be used for this purpose andno 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 maydetermine, 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 samemannerandwith the sameauthority as provided for the IssuanceHon. RaymondE. Magee, page 2 (V-1394)

of warrants, bonds, certificates of indebtedness, or other obligations by th G 1 ?awSof this State.

. . ." (Rm~ha~~r~dded.) Article 2368a, V.C.S., sets out the procsdure ithich mustbe folloved by the commissioners' court in issuing time warrants. Section 3of Article 2368a provides: "Whenit shall be the intention of the Comissioners Court or of the governing bodies to issue time warrants for the paymentof all or any part of the proposed contract, anotice to bidders required under Section 2 f this Act shall recite that fact, r sett ng out the maximum amountof the propoeed,time Warrant indebtedness, the rate of Interest such tinmwarrants

Wefind no statute limiting the maximum maturity date of time warrants, and therefora agree, irith ,youthat‘there is nofixed maximum time for their maturity. Whennomaximumtime is provided, as agenerel rule this la construed to meanwithin areasonable 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 aperiod of ten years Par the purchase of votin machines, provided, the requUexmnts of Article 236a fi 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 maximumallowable maturity dates of the warrants.

The ccmmissioners~ court of Qalveston County mayissue time warrants for the purchase of voting machines which maybe payablekon. RaymondE. Magee, page 3 (v-1394)

over aperibd of ten gears. -Art. 2368a, V.C.S.; Sec. 79, Texas Electlon Code (Sec. 79, H.B. 6, Acts 52ndLeg., R.S. 1951, ch. 492, p. 1126). You&rvery truly, APPROVitD:
Jo C. IWis, Jr. CountyAffairs Oioislon Charles D. Mathews First Asskrtent RRH$Plh