757 

OFFICE OF THE A’IIORNEY GENERAL OF TEXAS 

AUSTIN 

QauDGhlAW4 

-IMIL 

Honorable E. 0. Ganep 

County Auditor 

Bexar Oounty 

San Antonio, Texas 

Dear Sirr 

nte have aeased 

n the Uistribuus oommouities? 

ion or this depart 

part as follower 

equestlng the opinted above reads in 

operating with the 

for quite some 

ution of surplus emtime Bexar County has 

1 Fund oi tha Gounty 

store these surplus oommodie with Artlole 23723-2, Vernon's 

‘On Maroh 1st the agenoies of the State and 

Federal Governments withdrew their support and 

oeaaed to partlolpate in the distribution of surplus oommoditles. However, on h&oh 9th. 1943, 

the Commissioners’ Court by Court Order aooepted 

from thg State Pub110 Health Department approximately sixty days supply of surplus commoditlos 
I 

.~ 758‘ - 

Honorable E. 0. Garvey, Page 2 

to be used for relief purposes only. On Haroh 

13th the Commissioners’ Court by Court Order 

tUrned these surplus oommodltles over to the 

Aasoolated Charities for distribution to needy 

families of Bexar County, the Asaoolated Charities bearing the expense of the distribution of 

these oommodlties. 

“Under the oondltions above stated, oan 

Bexar County legally disburse funds from the 

General Fund of the County to pay rent for a 

warehouse to store surplus oommodltlea, slnoe 

the State and yederal Governments have Oeased 

to partlolpate in the distribution of surplus 

commodities? 

“. . . .” 

In opinion No. O-2217 (Oonferenoe Oplnfon No. 3099) 

thle department held in effeot that a oounty aommlsalonere~ 

oourt may rent a building in whioh ,to 8tore food and olothlng 

furnished by the Fgderal Government for diatrlbutlon to lndlgents, may employs ,oase workers e0 assist in determining thoee 

to whom aid must be ,extended, and may purohase a truok with 

whloh to distribute suoh oommodltles, if reasonable and neoeasary to provide support for those parsons mentioneU in subdivision I.1 of Artlole 2351, Vernonle Annotsted Civil Statutes. 

This opinion further holds that the oommlsslonsrs~ oourts may 

rent offloe spaae for Old Age Fension investigators, the 17. P. A. 

and other yederal Gooernmant projeots, as suoh prOjeOte are engaged in the administration of relief to unemployed and needy 

people of the county. 

It is stated in the foregoing opinion, 

“It goes without saying that the dlsoretion 

residing In the Commleslonersl Courts in suoh matters must be soundly exerolsed. If the reolplents 

of suoh relief are not so indigent as to fall wlthla the terms of the statute, the CommlsslonersV 

Court would be without authority to do any of the 

things you lnqufre about. Assuming however, that 

the beneficiaries of such relief are within the 

statute, that a storehouse la neoessary In providing them with support, that the oounty has no avallabler space without renting the some, that the house 
Honorable E. 0. Garvey, Page 3 

rented Is OS afza and looation ooomensurate with 

the need and the rent reasonable, your first question is answered in the affirmative. . . .* 

The question referred to in the quoted matter above 13 aa 

followsr 

. 

%ay the Comaiesioners* Court legally lease 

a building to be ulsed as a warshouse to store 

surplus ooamodities, auoh as foods and olothing 

fumi8hed by the Federal Government to be issued 

to the indigents of the oouaty, and pay $100.00 

per month rental for said bullding?R 

In the faots stated in your letter it is noted that 

the oommlsslonerr~ oourt by oourt order turned the aurplus 

commodities over to the Asaoolated Charities for distribution 

to needy fsmillee of their oounty and that ths Assoolated 

Charities were to bear the expense of the distribution of 

these oommodltles. 

Ii the reoipients of suoh raliaf are so Indigent 

as to fall within the terns of the statute (Article 2351, 

Vernon’s Annotated Civil Statutes) the oommissloners’ court 

would have authority to disburse funds from the general fund 

of the oounty to pay the rent for a warehouse to store these 

surplus oomaodlties. Am.uning that the beneffoiariee of suoh 

relief are within the statute, we reapeotfully answer the 

above stated question in the affirmative. 

Ve are tmolosing herewith a oopy of opinion No, 

0.2217 (Confemnoe Opinion No. 3099) for your oonvenlenoe. 

Yours very truly 

ATTORNXY GhWERAL OF TEXAS 

Ardell Williams 

Asslettit