I 

QKNEY GXNERAL 

TEXAS 

Honorable T. K. Wilkinson 

County Auditor 

Hill County 

Hillsboro, Texas 

Dear Sir: Opinion Number O-4774 

Re: Signing of tZme wa,rrants where 

County Juage has resigned and 

successor has been appointed. 

We have received your letter of August, 17, 1942, 

which we quote in part as follows; 

"On March 9, 1942 the Commissioners' Court 

of Hill County, Texas, authorized the issuance 

and sale of $10 000.00 in time warrants In denominations 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 order directed the signing of such 

warrants by the County Judge and provided that 

the signature of ,the County Judge might be lLtthographed on the Interest coupons. Thereafter the 

time warrants were printed and a blank space left 

for the signature of the County Judge but the 

County Judge's signature was lithographed on the 

interest coupons. 

"At the time the above order was passed, as 

well as at the time the time warrants were printed, 

the County Judge of Hill County was Jack Couleg 

and the signature of Jack Cowlep was 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 script warrants originally issued to claimants 

for right of way and damages, which script warrants 

have been acquired by such bank. 

"(1) Under the above facts, would these time 

warrants be legally executed by the signing of the 

same by 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 'Jack Cowley' as it appears lithographed 

on the coupons? 

"(2) If the above method of execution of time 

warrants is not legal,what would be a proper procedure for the execution of the same?" 

Neither the questionofthe legality of the warrant 

issue ~nor that of the resignation of the County Judge and the 

appointment of his successor is before us; we, therefore,, express no opinion thereon. For the purpose of this opinion 

both the warrant issue and the appointment of Mrs. Cowley to 

fill her husband's unexpired 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: 

"No b~onas or coupons legally and lawfully issued 

and signed by the duly authorized officers of any 

county, city, town, political subdivision, defined 

district, water improvement district or water con-' 

trol district or any school district of this State, 

shall ever be held invalid by reason of the fact 

that at the time of the actual delivery of such bonds 

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 officers who had succeeded other 

officers who had executed or signed a part of said 

bonds or coupons, nor shall any such bonds ever be 

held invalid by reason of the fact that at the time 

of the actual clelivery of such bonds to the purchaser, 

the respective'persons who had signed such bonds or 

coupons, or any part thereof, may have been replaced in their respective offices by 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 same right to 

complete the execution of such bonds and their issuance in the manner and form as provided by law 

and to the same extent as did his predecessor and it 

shall be lawful for the official board 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 in whom may be vested the authority and duty of the execution of such bonds and/or 

coupons and of issuing such bonds and completing 

the record in respect thereto, provided, however, ' 

such action or actions shall be set forth in the 

records of said~subdivision or district.' (Acts 2nd 

C.S. 1923, p. 60; as amended Acts 1929, 41st Leg., 

3ra C.S., p. 237, ch. 6, Sec. 1.)” 

This article gives an officer acting in the same capacitY as his predecessor the authority to complete the execution 

and issuance of bonds; he may sign those bonds or coupons which 

his predecessor failed to sign. 

This article speaks only of "bonds", but we believe 

that it applies with equal force to time warrants. The same 

reasons for the passage of this article with respect to bonds 

are present with respect to time warrants. This view is 

strengthened by Article 716a, Vernon's Annotated Civil Statwhich validates certain municipal bond issues. 

z":tj of 

Section 

said article provides in part as follows: 

"The term 'bonds' includes bonds, notes, warrants, debentures, certificates of indebtedness, 

+**x+. f( 

However, irrespective of Article 716, we believe that 

the conclusion which we have announced above is correct. The 

warrant order provided for the signing of the warrants by 

the County Judge and further provided that his signature 

might be lithographed on the coupons. At the time the bonds 

were printed, Jack Cowley was County Judge. Therefore, his 

signature was 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 the warrant order, Mrs. Jack Cowley is the proper person to sign 

the warrants. 

You are respectfully advised that where, under a 

valid order, bonds or warrants 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 such warrants as County Judge in his 

own name and leave unaltered the lithographed signature of 

his predecessor appearing on the interest coupons. The proper procedure in such a situation would be to place in the bond 
. . 

Honorable T. K. Wilkinson, page #4 0 -4774 

or warrant transcript certified copies of the proceedings relating to the resignation of the County Judge and the appointment of his successor. 

Very truly yours 

ATTORNEY GENERAL OF TEXAS 

By s/George W. Sparks 

George W. Sparks 

Assistant 

GWS-S-WC 

APPROVED AIE 25, 1942 

s/Gerald C. Mann 

ATTORNEY GENERAL OF TEXAS 

Approved Opinion Committee By s/BWR ChaIrman