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OFFICE OF THE AITORNEY GENERAL OF TEXAS 

AUSTIN 

This Opinion Overru 

Opinion No. O-4006. 

To ut i0tt0r 0r h 

0p w0n 0f.w8 aaprrt#nt 

ro8d8 in p8l-t 88 t011owo: 

don. lwontl~ in remltt;ng taxer eta. 

.-a 

-Will nu &vlOaw .dv%8. n8 88 to the follow- 
Honorable L. L. Ceren, Tage 2 

“(1) 18 there my legal authority for 

operating the food atamp plan ae above outlined? 

“(2) Can the 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 eet up, Is a general fund of a county. 

the funds are avallabls, the revolving fund and the necessary 

operating expenses oan be set up out 0r the 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 SC to 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 no funds are available imd the 

amount required does not exceed the ascunt 

of current revenues reasonably ex?ectod or 

ccntesglated by the oounty, ordinary warrants 

may be lsauerf for the came.” 

Tie .think that this statemnt is contrary to the 

above eeutloce6 authorities aI?d therefore rtxprsnely ovcrrule that. portico of said opinion No. 0-4OC6 quoted above. 

;.e bava carefully conridered the cesea of 3erar 

county v . Ziatley, 150 Z. ‘$. (26) 980; Speare V. Z1t.g of South 

?Zoouatoni 150 L. :5. (2d) 74 and BeJar County, et al v. Mann, - 

157 5. %. 154, acd we 40 not think that these cases are applicable to the questions here involved and do not authorize 

the borrowing of money by a county by Irsuing warrants a8 

above seisntloned. 

In vie:: of the foregoing authorities, we respectfully answer your flret and third questions in the negative. 

33 xe Sve ansr;ersd these questions in the negative your 

second question reqalres no answer. 

Ycure very truly 

AFFkO’E3 333. 26, 1942 

/II/ 0 rover Sellers 

Ardell :;‘lllia~~s 

Atsistent