OFFICE OF THE ATTORNEY GENERAL OF TEXAS
AUSTIN

Honorable B. Edward Johnson 0ouJltykttorney Hood county Granbuty, Texas

mar sir:

we quote the roll 83,1941, requesting 

### anopin

Wofns two and a 

### rounditne00aaaryto way for the oonatruotl

fore massa bonds to 

### fin ewarrants or

entered into 6 oonw, who egresd to furpurely to the faot that t&s bonds are more

### marketable thanwfirrant6,even thou& the nature or the eeourity be essentially the same. 

### *Duringthe enming t-e, the Investment tlrm hee received two issue8 of re-iundlng bondsHonorable H. Edward Johneon, Page ,2

and are currently canpletlag the matter by the lasuance o? one additional bond issue. ?hamechanlce of each operation have been essentially the ame, In that the county first authorizes the Issuance of scrip warrants and timewarrant8 to **fund** such acrlp. The county purchases the right-or-way, making papent for same bymeans of a scrip warrant, which warrant lapurchaeed by the Investment firm at face value, thereby 

### providing the actual money to the seller o? such right ofway.
*ASholders o? the script warranta, the lnvestment 

### ?lrm, thenmakes an exchange with the county for the prevlouely authorized time warrants and thus the pqO6r becomes more bankable. Shehen suiilclent tfnewarrant8 have **been** lrraued,tbo oountg authorkee the 18suanoe of refunding bonde, which bonds are then exohanged ?or the timewarrants whloh the lnlielrtment firm now hold, and tha 

### rlnal rorm o? 

### thisfinanalag Is then completed. The rerunding bonds mature serially over aperiod 

### of years, and a8 samemature, 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 haamatured ena bean pald by thi? 00tanty.
"The county treasurer a? thle oounty i-ecelvea 1% on all receipta and 1% on all dlsrbursemanta ofmoneys 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 toArticle 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 tobe 

### rhea by order o?Honorable A.

### EdwardJohason, Page 

### 3

the oommlealonare court 

### as follows! For recelving allmoneya, 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 rrolphis predecessor nor for paying over

### money tohis auc

### oesaor in 

### office.*
Acoordlng to our interpretation 

### 0syour 

### 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 oommlrlrlonein coaformlty with whloh the treaeurerl# commlerlona arebased, alluRing the 

### peroentage "on the monsya received* 

### and "For receiving allmoneys . . . tax the county," ia plain that upon suohmoneya~~belngreoelv6d; and onlywhen reocrivod, authorizes the ounmleaione tobe 80 Qharged. Under the above faots, we oan only a6aume that raid oommi8aloar would be baaed upon said tax reoelpta.ru?dnot 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.
irsto the canmlselons payabld on disbursements under 

### theforegoing statute authorloing.the **order** o? **your** ocmmlsslonere* court, lfkewles, the commle8lon of "19 on ell alabureementa ofmoneys for the county* Is **for** moneys 

### ~paldout 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 thematurity of each 

### series of timewarrant.8or refunding bonda, and their cancel~atlon by payment 

### fromthecounty treasury, the treasurer may legally charge hie commlselon on the amount paid **oub.**

The SollowIng authorities appear to iaupportour views as expressed her%in: Baylor County v. Taylor, 22 &Ii’

. 902; Fanner v.Aranaaa County, 58 6. Y. 607, writ ref.; Y~cXlnneyV. Zoblnaon, Judge, 84 !&ix.4%Q, 19 S. Vi.699.

It la, therefore, the oplaion of this department that 

### theccunty treasurer la .notautiborieedto charge abinbursemant commiseion upon eorip and timewarrants tobe later refunded Into bonds, butmay only **oharga** such oommlssion on the amount or such authorleed timewarrants or boa&t3as 61aneHonorable IL iMward Johnson, Pase 4

ere canceled by payment out of the county treasury.