OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable B. Edward Johnson 

0ouJlty kttorney 

Hood county 

Granbuty, Texas 

mar sir: 

we quote the roll 

83, 1941, requesting an opin 

Wofns two and a 

round it ne00aaary to 

way for the oonatruotl 

fore massa 

bonds to fin 

e warrants or 

entered into 6 oonw, who egresd to furpurely to the faot that t&s bonds are more marketable than wfirrant6, even thou& the nature or 

the eeourity be essentially the same. 

*During the enming t-e, the Investment 

tlrm hee received two issue8 of re-iundlng bonds 
Honorable H. Edward Johneon, Page ,2 

and are currently canpletlag the matter by the 

lasuance o? one additional bond issue. ?ha mechanlce of each operation have been essentially 

the ame, In that the county first authorizes 

the Issuance of scrip warrants and time warrant8 

to fund such acrlp. The county purchases the 

right-or-way, making papent for same by means 

of a scrip warrant, which warrant la purchaeed 

by the Investment firm at face value, thereby 

providing the actual money to the seller o? such 

right of way. 

*AS holders o? the script warranta, the lnvestment ?lrm, then makes an exchange with the 

county for the prevlouely authorized time warrants 

and thus the pqO6r becomes more bankable. Shehen 

suiilclent tfne warrant8 have been lrraued, tbo 

oountg authorkee the 18suanoe of refunding bonde, 

which bonds are then exohanged ?or the time warrants whloh the lnlielrtment firm now hold, and tha 

rlnal rorm o? this finanalag Is then completed. 

The rerunding bonds mature serially over a period 

of years, and a8 same mature, are SInally paid 

by the oounty. Maturity o? these bond8 will probably run to SIrteen yeara for the longest, and 

up to the premnt date $l,ZOl.O5,in reiundlng 

bon&e haa matured ena bean pald by thi? 00tanty. 

"The county treasurer a? thle oounty i-ecelvea 1% on all receipta and 1% on all dlsrbursemanta of moneys for the ocuntg. 

"Under the cirocmetanoee aa outllned above, 

what ?aea,.l? any, would the oounty treasurer 

be entitled to?* 

The order of the commiasloners~ coUrt ?ixbg the 

commlsalons to be received by the oounty treasurer o? Hood 

County, 113 made pursuant to Article 3941, Xevised Civil 

Statute&, 1925, which Article FeadEz 

"The oounty treasurer shall receive commlgsio~e on the moneys received and @d out by 

him, eald oommleslone to be rhea by order o? 
Honorable A. Edward Johason, Page 3 

the oommlealonare court as follows! For recelving all moneya, other than echo01 tunas, for the 

county, not exceeding two and one-half per cent, 

and not exceeding two and one-half per cent for 

paying out the samei provided, that he shall reoalve no oommlaeiona for reoeivlng money rrolp his 

predecessor nor for paying over money to his aucoesaor in office.* 

Acoordlng to our interpretation 0s your letter, 

your question ie chiefly oonoarnea with the one per cent 

(1%) on dlsbureements 0s county tunas. should we be inoor 

reot In thle, the language of the statute authorizing oommlrlrlone in coaformlty with whloh the treaeurerl# commlerlona 

are based, alluRing the peroentage "on the monsya received* 

and "For receiving all moneys . . . tax the county," ia plain 

that upon suoh moneya~~belng reoelv6d; and only when reocrivod, 

authorizes the ounmleaione to be 80 Qharged. Under the above 

faots, we oan only a6aume that raid oommi8aloar would be baaed 

upon said tax reoelpta.ru?d not upo&the amou& expended by 

the Investment oompauy in taking up’said ~scrip or time warrants. 

Article ZI, Seotlon 7, o? the Oonstltutlon o? Texas; Baxter 

V. Rusk COWS, 11 S. Fj;. (2d) 648. 

irs to the canmlselons payabld on disbursements under 

the foregoing statute authorloing.the order o? your ocmmlsslonere* court, lfkewles, the commle8lon of "19 on ell alabureementa of moneys for the county* Is for moneys ~pald out 

by hl8P and for "paging out the same.* The treasurer Is not 

authorized to charge disbursement commlsalon upon the lseuanoe of scrip warrant6 or upon the mere cancellation of 6amo 

or of time warranta through replaoemeat or exchange by the 

iesuancs or refunding bonds. Upon the maturity of each series 

of time warrant.8 or refunding bonda, and their cancel~atlon by 

payment from the county treasury, the treasurer may legally 

charge hie commlselon on the amount paid oub. 

The SollowIng authorities appear to iaupport our 

views as expressed her%in: Baylor County v. Taylor, 22 &Ii’. 

902; Fanner v. Aranaaa County, 58 6. Y. 607, writ ref.; 

Y~cXlnney V. Zoblnaon, Judge, 84 !&ix. 4%Q, 19 S. Vi. 699. 

It la, therefore, the oplaion of this department 

that the ccunty treasurer la .not autiborieed to charge a binbursemant commiseion upon eorip and time warrants to be later 

refunded Into bonds, but may only oharga such oommlssion on 

the amount or such authorleed time warrants or boa&t3 as 61ane 
Honorable IL iMward Johnson, Pase 4 

ere canceled by payment out of the county treasury.