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OFFICEOFTHEATTORNEY GENERALOFTEXAS AUSTIN GROVER5ELIERS ATIORNCY oENER*L Iionorable W.P. RerDu, Jr. CountyAuditor, Wallsr County Hampstsad, Texar

Dear Sir: QpInI0n No. 04971 Rar Question8 oonoeming the iaruanoe of tine warranp and bond8 ior the ooqd.Suotion 0r 00my 00~rth0~80tadd jallr. \

( ‘-4 ‘, Weaoknowledge receipt of your oplni?m..requesik~or recent data and quot. froln your letter aa iollpwar A’ \ ‘1,

‘1. \\ \

U&r tha above oircumetanoes oan the Com&ionerel Court Ieaua tlm warrants against ruture inoome, promming VIrst: That the duedate of suoht1.m warrant8, 

### orpart of aam, la In the year 1946, 

### rorwhich abudget has already bean adopted, but no provision la sade therefor.

“Seohd: That the due date or euoh tIm warrant6 Is In so318rutura year or year8beyond the period or the present adopted budget.

“2. Under the abovo cIroumstanoea, does the Coamisaionera~ Court have the authority to refund such tIae warrants Into bonds? “3. In case bonds are Iasued or1 1~11 without ftrst IssuIhs auohtime warrants--+%&nstruatlon 0r a new Court iiouaa, la ComIeaIoners~ court within Its authority to Iaaue such bonds and build auoh Court House, without first holding en eleotloa to determine whather auohbonds shall be Issued for thepurpose of constructing said Court House? "4. Xy Buty as County iudltor In reference to the above questions, andpartloularlp In reference to lay signature of approval, aakudltor, or the above aentloned tine warrants,
n+* * **n

Prior to 1903there ma no provision In our stctutes for the Isauanoo of bonds andthe courts of this state held that counties hadtha tiplied authority to Issue tI;m warrants for the construction 0r pamanent tiprore:nenta.

SometIm after thaaa dooislons, the Legislature authorized the laeuaaos of bonda for courthouses, jaila public roads, etc. Later, In the oasa oi Laaater v. Lopez, 21’1&.W. 373, the Suprem court held that It wasin the discretion or the oomIeafoners* oourt Whether thay Issue time warrants or bonds Por the oonatructlon of thee6 permanent Iinprove!nenta.

In &Id&era v. TheCity of Lampaaaa, 249S. N. 1083, error reruaed, tho oourt stated:

*Third. It la well settled In Texas that oountlas have power to contract for the construction of courthouses or ror the I:a2rove~ent of pub11 xi oroads, on t&z credit of the county. andto issue In evidenoe of the Iodebtedneaa thereby-.create?ITF nerss -0ear n wcxrahts 0r tr:e county, :laturing In after years. Lssater v. iouez. 110Tex. 179. 217A. .i. 273: Stratton -V. Xdnney COIL-~,,~_- lht~ (,kx. CIv. ;,pp.j 137 5. ;Gi.1176; Allen v. :,berzathy (Ter ,-I- ,. V&I. .,pp.) 131A. 2. 349; San?atrIoIo County 0. JOClae, 38 Tax.243; Cowanv. ijugree (i’ex. Glv. .ipp.) 139 La.i. 687."In visa of the foregoing decisions, it Is the opinion

or this deptit;aent that Xaller County, subject to the exp-eas restrictions Imposed bythe Constitution andgeneral laws, has powor to Issue time warrants against the nature Incozie of the county andmakesamepayable In part out of the 1946taxes, In paymentfor the oonatruotlon or a oounty courthouse andjail, provided that the applicable regulations relating tothe issuance of suchwarrants be observed.

We partloularlp call your attention to Article 2362a, Vernon’s motated Civil Statutes, which provides generally that counties aaf Ieaue ~tIme warrants where oontraot Is entered Into by andbetnoon the city or county andthe contractor for the construction of public bulldIngs, or the prosecution and completion of any pub110workwhere any oxpendituro la madeIn excess of $2,000, by first giving notice to bidders, which notloo muet also give notloe oi the Intention or such county to iaeue warrants In paymentof all or apart of tho oontraot prlco, stating the maximum mount 0r the proposed time warrants, the rate of Interest such warrants are to bear, andthe maximummaturity date thereof. This notice mustbe published In a newspaper published in such ooucty once a week for two oonsocutlve weeks prior to the the set for letting such oontract, the dato of the first publloation to be at least fourteen daye prior to the date set for letting said contract. If bythe time set for letting the oontraot, as manyas ten per cent of the quallrled voters or said county, whose namesappear on the last approved tax rolls as property taxpayers, petition the oozvnIssIonerst court, In writing to submit to a referendum vote the question or the laeuanoe or bonds ior such purpose, then the oommIaaIonera* oourt shall not be authorized to awardsaid contraot unless tho proposition to Issue bonds for suahpurpose Is sustained by a majority of the votes cast at suoh election. If nosuch petition Is filed, then the CoamIaaIonera Court mayproceed with the final awardof the contract andwith the Issuance of raid warrants.

Wefurther oall your attention to the faot that the total oblI@tiona to be paid out of the pemxment iaprovemnt run& muet not exoead the twenty-five oent constitutional provision In any given year. Of ’course, you should a.nendyour 1946budget. Replylug to your second question, tte Cotisslonsrs’ Court would &ve authority to rerund legally issued tline warrants Into bonds Rrovlded they rOllOW the provisions Or .ztiCle 2368a, yerzion*s zjnnotated Civil Ztatutes, by r~lvlngnotice of intention to issue such iu;ldIng bonds by 9ublicatIon in anewspaper of :;ensrcl circulation at least once a :‘rees 

### forthree successive weeks, the (date of the ?kst publication being at least thirty days prior to the date onwhich It Is 9ro)osed to ?ass the ordlnacoe authorizing the bonds. If, at any the before the dote fixed for the issuance of suoh bccds, not lass than ton per cent of the qualifisd 9ro:Jcrty taxpaying voters of the cbaty, as shownbythe records in the Office of County Clark, ?ray-ing the co.xnisalonera* oourt to order an sleotion for the purpose of

subn?ittin$ the proposition to iaaus suohbonds to avote of the quallfled property taxpaying voter8 ol the county, suoh governing body shall order at ths next mmtlng thereor anelection to Imheld Sin detemuine whether or not suoh funding bond8 shall be ieeued.. In the event no suoh petition ia preeaated, withis the tiae hereinabove preroribed, no eleotion on the &moporition shall be required andsuch oonuniasioners~ oourt shall have the power to pass all neoessary orderr to provide for funding the indebtednear.

Replying to your third question, you are advised that the oountr doea 

### not have the authority to Issue bonda tor the oonstruotion of anewaourthouue andto build such oourthouee, without first holding an eleotion and eublnitting tke proposition to avote of the qualffied toters in the oounty.

Chaptera 1 and %of Title E-2, Bevlaed 'Civil statutes, provides generally for election8 andthe issuanoe of bonds ior the pUrposes enumerated in Article 718.

hrtiole 701 providea:

Vhe bonda of a county or any incorporated city or town ahali nevar be issued for any purpose unless a proposition for the issuanoe of auohbonda shall hero been first submitted to qualifted voters who are property tax papers of such oountg, ofty or town.*

Artlole 718, amongother things, provtdea that the Cozunisl foaers' Court of a oouaty maylawfully issue bond8of a oountp for tb purpoueof ereotlng the county oourthouse andjail, or either.

utiole 719 provides:

"If a majority 0P the property taxpaying voters, voting at such eleotlon shall vote in fsvoT of the proposition andsuch bonds shall bethereby authorized and shall be insued bythe CosmlseionsralCourt."Trusting t;.bt t&is answers your questions, ne are Your3 very truly

Asaiatant