### 757

OFFICE OF THE A’IIORNEY GENERAL OF TEXAS AUSTIN QauDGhlAW4 -IMIL

Honorable E. 0. Ganep County Auditor Bexar Oounty SanAntonio, Texas Dear Sirr

nte have aeased nthe 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 1Fundoi tha Gounty **store** these surplus oommodiewith 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 **sur** plus oommoditles. However, 

### onh&oh 9th. 

### 1943, the Commissioners’ Court byCourt Order aooepted from thg State Pub110Health Department approximately sixty days supply of surplus commoditlosI .~ 

### 758‘ -

Honorable E. 0. Garvey, Page 2

to be used for relief purposes only. OnHaroh 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 Fundof the County to pay rent for a warehouse to store surplus oommodltlea, slnoe the State andyederal 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 mayrent a **building** in whioh ,to 8tore food andolothlng furnished by the 

### Fgderal Government for diatrlbutlon to lndlgents, mayemploys,oaseworkers e0assist in determining thoee to whomaid **must**be,extended, andmaypurohase atruok with whloh to distribute suoh oommodltles, if reasonable and

### neoeasary to provide support for those parsons mentioneU in subdivision I.1of Artlole 2351, Vernonle **Annotsted**Civil **Statutes.** This opinion further holds that the oommlsslonsrs~ oourts may rent offloe spaae for OldAge Fension investigators, the 17.P. **A.** and other yederal Gooernmant projeots, as suoh prOjeOte are engaged in the administration of relief to unemployed andneedy 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 anyof the things you lnqufre about. Assuming however, that the beneficiaries of such relief are within the **statute,** that a storehouse la neoessary In providing themwith support, that the oounty has noavallabler space without renting the some, that the houseHonorable E. 0. Garvey, Page 3

rented Is OSafza andlooation ooomensurate with the need and the rent reasonable, **your** first **ques** tion is answered in the affirmative.

. . .* Thequestion referred to in the quoted matter above 13 **aa** followsr

.

%ay the Comaiesioners* Court legally lease abuilding to be ulsedas awarshouse to store surplus ooamodities, auoh as foods and olothing fumi8hed by the Federal Government to be issued to the indigents of the oouaty, andpay $100.00 per monthrental 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 andthat 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 awarehouse to 

### store these surplus oomaodlties. **Am.uning**that the beneffoiariee of suoh relief are within the **statute,** wereapeotfully 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

OFTEXAS

Ardell Williams Asslettit