Honorable T. K. Wilkinson 

County Auditor 

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 building a graveled road that 

is the dividing Itie of Road District 

#5 and Road District #!t 

We acknowledge receipt of your opinion request of August 1 and quote frox 

your letter as follows: 

"Hill County Is contemplating the sale of some Road RondDirtrict 

No. 5 bonds that were voted and issued for the purpose of 

constructing, maintaining and operating macadamized, 

graveled orpaved roads and turnpikes, or in aid thereof.~ 

"I will appreciate your opinion as follows: 

_ "Can the Commissioners Court of Hill County spend the proceeds 

of or from the sale of these bonda in building a graveled 

road that is the dividing line of Road District No. 5 and 

Road District No. 21 

"It seema to be the &sire of the majority of the taxpayers 

in Road District No. 5 that the money derived from the sale 

of Road District No. 5 bonds be used in constrwting"the 

entire road as above described." 

The bonds mentioned in your opinion request have been issued or must 

be issued under and in strict conformity with Section 54, Article 3, 

of the Constitution of the State of Texas, and laws enacted pursuant 

thereto, particularly Articles 752a, 752~ and 752d, et seq. Said 

bonds when issued will have to be for the purpose of 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 villhave to be levied in said 

district in payment thereof. Article 7526 specifically provides that 

all preelection proceedings shall describe the road district by Its 
Honorable! Tt K. Wilkinson, page #2 (o-3851) 

number and describe the boundaries thereof as such boundaries sre described 

and defined in the order of,the Commissioners' court establishing said 

district. 

It is elementary that'the funds derived from the sele of bonds cannot be 

diverted from the.purposes stated in the proposition submitted to the 

voters. Aransas County v. Colemen-Fulton Pasture Co., 191 S. W. 554. 

The bonds, under your statement of facts, will be issued to build roads 

within said road district. 

It is our opinion that the proceeds of bonds issued by Road District No. 

5 must be spent for the purpose of 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 proceeds can be used only to construct that part of the 

road in question that lies within Road District No. 5. 

.~ 

.; The courts of thisstate have held that even thougb the 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)~. 

Trusting that 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 

APPROVED OPINION COWWIlTRE 

BIB. W. B. 

CHAIRMAN ;