TJEE,~TTORNEY GENERAL

OF TEXAS

March 1, 1939

Hon. Chas.R. Martin County Auditor Harrison County Marshall,Texas

Dear Sir: OpinionNo. O-236 Re: Will publication of lnfortitlon called for in exhibit "b"'comply with requirements of Article 1636, Revised Civil Statutes, 19251

_. -' Your request for an opinion on the above stated question has been received by this office.

-. We have the fo??msof' affidavit-of Commissloners' '~-. Court as to county finances ana order approving coiintytreasurer'sYeport, submittedby. you, marked exhibit "a" in Pea pencil; alsb, another form marked exhLbFt "b" in red-‘pencil which 7611

want to publish in lieu of the affidavitmarkga exhibit 'a"in order to reduce expenditures in the pub1Ication bf the county treasurer'squarterly report in a newspgper~i.inder g.n;ie virtue of Article 1656 of the Revised ClvFl Statutes of

.
You state in your letter that in the past the affidavit of the Commissioners'Court as to county financesand the order approving county treasurer's report have both been published in a newspaper.

Article 1636,Revised Civil Statutes of Texas, provides
as follows:

"When the commlssloners court has compared and examined the quarterly Feport of the treasurer, and found the same correct, It shall cause an order to be enteredupon the minutes of the court, statingthe approval thereof, and reciting separatelythe amount received and paid out of each fund by the treasurer since the preceding treasurer'squarterly report, and the balance of such fund, If any, remalnlng in the treasurer's hands aiidthe court shall cause the proper credit to be made In the~'accounts of the treasui;ek;, in accordancewith said orclep. Said court shallTTon.Chas. R. Martin,March 1, 1939,page 2 o-236

actually inspect and count all the actual cash an4 asse.tYin the hands of the treasurerbelonging to the county at the time of the examination of his said report. Prior to the adjournment of each regular term of the court, the county judgeand each commissioner shallmake affidavit that the requirements of this article have'been in all things fully compliedwith by them at said term of said court, and that the cash and other assets mentioned in said cbunty treasurer's quarterly report made by said treasurer to said court, and held by him for the county, have been fully inspectedand counted by them giving the amount of saidmoney and other assets In his hands. Such affidavits shall be filedwith ttie county clerk ana recorded In the minutes of sti3.d court the t&rm at which the samewere fllG:d; and the same shallbe published in some newspaper published in the county if there be a newspaper published In the county, for one time."

We understand from your letter that i.iis the lnteiltlon of the Cotiissloners'Court to continue to use the forms marked exhibit "a",tobe filed and entered-'upon the minutes of the Commissioners'Court. and the form'markedexhibit "b" is to Be published in lieu of the form of affidavitmarked exhibit IIa'- which will be the form actuallyused and enteredupon the mtnutes of the CornmissIoners' Court.
Article 1636, supra,provides that:

"Suchaffidavits shallbe filedwith the county clerk and recorded in the minutes of said court the term et which the samewere filed; and the same shallbe published In somenewspaper publlshea in the county if there be a newspaper published in the county, for one time."

Yourare respeztfl1l.g ad.vised

that it is the opinion of thisDepartment that the form marked exhibit "b"does not comply with Article 15$ antitint t%e &fPFriavit of the Commlssioners Court as io eour,tyffnonceswhich Is filed and enteredupon the minutes of the cou-t zikl,ist be published in a newspaper and no &her affidavit may be p?Gblishea in lieu of the affidavit actually on file &nd ento-edupon the minutes of the court.

You are further advised that It is not necessary to publish the order app:?oving the countg treasurer'srepo-t in that Article 1636 reqliiresonly'theaffidavit of the Commissioners'Cour% as to county finances to be published.Hon. Chas. R. Martin, March 1, 1939, page 3 O-236

Trusting that the foregoing answers your inquiry,we remain
Very truly yours

ATTORNEY GENERAL OF TEXAS

By s/ArdellWilliams ArdeUWilliams Assistant

AW:AW:wc

APPROVED: s/GeraldC. Mann ATTORNEY GENERAL OF TEXAS