Honorable T. K. Wilkinson CountyAuditor Hill County Hlllsboro,

Texas 

### .Dear sir: Opinion Number O-3851 Re: Can the Commissioners' Court of Hill County spend the,proceeds of or from the sale of Road District #5 Bonds in buildinga graveled road that is the dividing Itie of Road District #5 and Road District #!t
We acknowledge

receiptof your opinionrequestof August 1 and quote frox your letteras follows: "Hill County Is contemplating the sale of some Road RondDirtrict No. 5 bonds that were voted and issuedfor the purposeof constructing,

maintaining

and operating

macadamized, graveled

orpaved roads and turnpikes, or in aid thereof.~
"I will appreciate

your opinionas follows:

_ "Can the Commissioners Court of Hill County spend the proceeds of or from the sale of thesebonda in buildinga graveled road that is the dividingline of Road District No. 5 and Road District

No. 21
"It seema to be the &sire of the majorityof the taxpayers in Road District

No. 5 that the money derivedfrom the sale of Road District

No. 5 bonds be used in constrwting"the entire road as above described." The bonds mentionedin your opinion request

have been issuedor must be issuedunder and in strict conformity with Section 54, Article 3, of the Constitution of the State of Texas, and laws enacted pursuant thereto,

particularly

Articles752a, 752~ and 752d, et seq. Said bonds when issued

will have to be for the purposeof the construction, maintenance

and operation

of macadamized,

graveled

or paved roads and turnpikes,

or in aid thereof,

within and for said Road District No. 5 of Hill County,Texas, and a tax villhaveto be levied in said district in paymentthereof. Article 7526 specifically provides

that all preelection

proceedings

shall describethe road district by ItsHonorable! Tt K. Wilkinson,

page #2 (o-3851)

number and describe the boundaries

thereof

as such boundaries sre described and defined in the order of,theCommissioners' court establishing

said district.
It is elementary

that'the

funds derivedfrom the sele of bonds cannotbe diverted

from the.purposes

stated in the proposition submitted

to the voters. AransasCountyv. Colemen-Fulton PastureCo., 191 S. W. 554. The bonds, under your statement of facts,

will be issuedto build roads within said road district.
It is our opinionthat the proceeds of bonds issued

by Road District

No. 

### 5 must be spent for the purposeof constructing, maintaining

and operating macadamlsed,

graveled

or paved roads and turnpikes, or in aid thereof, vithln said Road District Bo. 5 of Hill County, Texas. I :, ~-Therefore,~

bond proceedscan be used only to construct that part of the road in question

that lieswithinRoad District No. 5.
.~ .; The courts of thisstate have held that even thougbthe administration of road district

funds is controlled by the County Commissioners they may not divert said funds from district purposes. Austin Broa. Bridge Co.~v.. Road District

No. 3 of Liberty

County.247 S. W, 674 (error refused);

Austin Bras. v. Patton,

### 226 S. W. 702 (error refused)~. Trustingthat this answers your question,

we sre Very truly yours ATTORRFZGEWEMLGFTEXAS 81 Claud 0. Boothman

BY Claud 0. Boothmen

Assistant COB:6 /cb:ldw APPROVEiD

AUG. 11, 1941 s/ QBALUC. MANN ATIORREIGEWERALOFTEKAS
APPROVEDOPINIONCOWWIlTRE BIB. W. B. CHAIRMAN ;