....

. i : *..,:... OFFICE OF THE AITORNEY GENERAL OF TEXAS AUSTIN

This Opinion Overru Opinion No. O-4006.

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### .-a -Willnu &vlOaw.dv%8.n8 88 to 

### thefollow-Honorable L. L. Ceren, Tage 2
“(1) 18 there my legal authority for operating the food atamp plan ae above outlined?

“(2) Canthe COJBli88iOllRlt! SOUrt LLOW deolare that an emergency and a case of giavc pub110 necessity exirta and that this Is nece88ary to meet unusual and unforeseen con&itlom, thus permitting the budget to be amended? “(3) Can the Comml6aloners~ Court legelly issue general fund warrants for the purpose of creating a revolving fund?” Article 2351-17‘, Vernon*s Rnnotatec Xv11 Ztatutea, empowers the Commlasioners* Court of any county of this State to oreate a ‘revolving fund or funds and to make appropriations thereto out of the general revenue of said county or countlee to be usad by said county or oazntiss in cooperation with the Units2 States Dspartnent of Agriculture to aid and acelat in carrying out the purpose8 and provlslons of an act of Congrees cf the United ttates pertaining to t!?e distribution of oo.mmodltles of persons in need of aaslatenoe, under the direction of the United States 

### Deprtmnt of Agriculture. The only fund out of which stamps, as above mentioned, may be purchasedI; a revolving fund 

### eetup, Is a general fund of a county. the funds are avallabls, the revolving fund and the necessary operating expenses oan be set up out 0rthe general fund. Under the facts s’ated ln your letter, there are no avail8ble funds in the general fund of your county shioh can be used in setting up the revolving **gund.** Xe think that the proposed lrsuanoe of warrants as described in your latter would be in effect borrowlng money by the oounty **for** the above zentloned purpose.
664: It is etated in Texas JUri6prUdenCe. Vol. 11, p.

“. . . The commissioners* oourt has no authority to borrow money by moan6 of warrants; thla may be done only by the issuing of bonds. i (I

. . .The oa8e of Aehby, et al v. Tames, et al, 228 2. .‘:. 732, ikzong other things, holds that counties cannot borrovi money by irwing warrents.Yonorable L. L. Geren, Pegs 3

It Is state:! In Zorpue Jurle seoundum, Vol. 20, p. 1079: .*Countlen, belne oreaturea of statute,

and posees8ln,5 no powers not granted ~y’o~n8tltutlonal provision of statute,
. are eenerelly held to have no power to bor;oG ?poney, unleea expressly euthorized SCto do by conetltutlonal or etetutory provlelon; and this power will not be izplled.W %lth reference to setting up a revolviap fun6 by flrtae of Article 2351-17, su9ra, It Is state? in our opinion No. O-4003:

“If nofunds are available imd the amount required does not exceed the ascunt of current revenues reasonably ex?ectod or ccntesglated by the oounty, ordinary warrants maybe lsauerf for the came.” Tie.think that this statemnt is contrary to the above eeutloce6 authorities aI?dtherefore rtxprsnely ovcrrule that. portico of said opinion No. 0-4OC6 quoted above.

;.e bava carefully conridered the cesea of 3erar 

## countyv. Ziatley, 150Z. ‘$. (26) 980; Speare V. Z1t.g of South ?Zoouatoni 150 L. :5. (2d) 74and BeJar County, et al v. Mann, - 157 5. %. 154, acd we 40not think that these cases are applicable to the questions here involved and do not authorize the borrowing of moneyby a county by Irsuing warrants a8 above seisntloned.

In 

### vie::

of the foregoing authorities, werespectfully answer your flret and third questions 

### in the negative. 33xe Sve ansr;ersd these questions in the negative your second question reqalres no answer. Ycure very truly AFFkO’E3333. 26, 1942 /II/ 0rover Sellers Ardell :;‘lllia~~s Atsistent