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### QKNEY GXNERAL
TEXAS

Honorable T. K. Wilkinson CountyAuditor Hill County Hillsboro, Texas
Dear Sir: OpinionNumber O-4774 Re: Signing of tZme wa,rrants where County Juage has resigned and successorhas been appointed.
We have received your letter of August, 

### 17,1942, which we quote in part as follows;

"OnMarch 9, 1942 the Commissioners' Court ofHill County, Texas, authorized the issuance and sale of $10 000.00 in time warrants Indenominations of $l,OOO.OO each for the purpose of acquiring rights of way for state highwags and paying for damages done in connection therewith. The orderdirected the signing of such warrants by the County Judge and provided that the signature of ,the County Judge might be lLtthographed on the Interestcoupons. Thereafter the time warrantswere printed and a blank space left for the signature of the County Judge but the County Judge's signaturewas lithographed on the interestcoupons. "At the time the above orderwas passed, as well as at the time the time warrants were printed, the County Judge of Hill Countywas Jack Couleg and the signature of Jack Cowlepwas lithographed on the coupons. Since such time Jack Cowley has entered the Navy, has resigned as County Judge and his wife, Mrs. Jack Cowley, has been appointed to fill his unexpired term. These time warrants are now ready for delivery to a local bank in exchange for scriptwarrants originally issued to claimants for right ofway and damages,which scriptwarrants have been acquired by suchbank. "(1) Under the above facts,would these time warrants be legally executedby the signing of the sameby Mrs. Jack Cowley, the present County Judge,Honorable T. K. Wilkinson, page #2 

### 0-4774

and her writing the prefix 'Mrs.'in front of the signature 'JackCowley'as it appears lithographed on the coupons? "(2) If the above method of execution of time warrants isnot legal,whatwould be a proper procedure for the execution of the same?" Neither the questionofthe legality of the warrant issue~northat of the resignation of the CountyJudge and the appointment of his successor isbefore us; we, therefore,,express no opinion thereon. For the purpose of this opinion both the warrant issueand the appointment of Mrs. Cowley to fill her husband'sunexpired term are assumed to be legal in every respect.

We believe that the present County Judge may sign the warrants in her own name (Mrs.Jack Cowley) and leave unaltered the lithographed signature of her predecessor (Jack Cowley) on the coupons.
.,~ Article 716,Vernon's Annotated Civil Statutes, reads as follows:

"Nob~onasor coupons legally and lawfully issued and signed by the duly authorized officers of any county, city, town, political subdivision,defined district,water improvementdistrict or water con-' trol district or any schooldistrict of this State, shall ever be held invalidby reason of the fact that at the time of the actual delivery of suchbonds to a purchaser, such bonds or coupons had been signed or executed by different officers acting in the same capacity or when such bonds or coupons had been signed or executed by officerswho had succeeded other officerswho had executed or signed a part of said bonds or coupons, nor shall any such bonds ever be held invalidby reason of the fact that at the time of the actual cleliveryof suchbonds to the purchaser, the respective'personswho had signed suchbonds or coupons, or any part thereof,may have been replaced in their respective officesby other persons after the signing of such bonds or coupons or any part thereof and before the delivery thereof, and any officer acting-in the same official capacity as his predecessor, shall have the sameright to complete the execution of suchbonds and their issuance in the manner and form as provided by law and to the same extent as did his predecessorand it shall be lawful for the officialboard or managing, .

Honorable T. K. Wilkinson, page #3 o-4774

body of any such political subdivision or district to select in the manner provided by law another official or person inwhom may be vested the authority and duty of the execution of suchbonds and/or coupons and of issuing suchbonds and completing the record in respect thereto, provided, however, ' such action or actions shallbe set forth in the records of said~subdivisionor district.' (Acts 2nd C.S. 1923, p. 60; as amendedActs 1929, 41st Leg., 3ra C.S., p. 237, ch. 6, Sec. 1.)” This article gives an officer acting in the same capac

### itYas his predecessor the authority to complete the execution and issuance ofbonds; he may sign those bonds or couponswhich his predecessor failed to sign.

This article speaks only of "bonds",but we believe that it applieswith equal force to timewarrants. The same reasons for the passage of this articlewith respect to bonds are presentwith respect to timewarrants. This view is strengthenedby Article 716a, Vernon's Annotated Civil Statwhich validates certainmunicipal bond issues. z":tj of Section

said article provides in part as follows: "The term 'bonds' includesbonds, notes,warrants, debentures, certificates of indebtedness, +**x+.f(
However, irrespectiveof Article 716, we believe that the conclusionwhich we have announced above is correct. The warrant order provided for the signing of the warrants by the County Judge and furtherprovided that his signature might be lithographed on the coupons. At the time the bonds were printed, Jack Cowleywas County Judge. Therefore, his signaturewas the proper one to be lithographed on the coupon. He did not sign the warrants under consideration. These warrants are now ready for issuance,and Mrs. Jack Cowleg is now County Judge. It follows that under thewarrant order,Mrs. Jack Cowley is the proper person to sign thewarrants.

You are respectfully advised thatwhere, under a valid order, bonds orwarrants have been printed and the signature of the County Judge has been lithographed on the interest coupons, and the County Judge resigns without having signed some of the warrants, the person appointed to fill his unexpired term may sign suchwarrants as County Judge in his own name and leave unaltered the lithographed signature of his predecessor appearing on the interestcoupons. The proper procedure in such a situationwould be to place in the bond. .

Honorable T. K. Wilkinson, page #4 

### 0-4774

orwarrant transcript certified copies of the proceedingsrelating to the resignation of the County Judge and the appointment of his successor. Very truly yours ATTORNEY GENERAL OF TEXAS

By s/GeorgeW. Sparks GeorgeW. Sparks

Assistant
GWS-S-WC

APPROVED AIE 

### 25, 1942 s/GeraldC. Mann ATTORNEY GENERAL OF TEXAS Approved Opinion CommitteeBy s/BWR ChaIrman