Honorable E. H. Griffin 

County Attorney, Young County 

Graham, Texas 

Dear Sir: 

opinion No. o-6979 

Re: May a commissioners' precinct 

use a portion of the money derived from the sale of bonds 

for the purpose of graveling 

feeder and connection roads to 

and with the specifically designated x%ad8,in,biid r6a7d ,- 

bond'eleetion? 

We acknowledge receipt of your opinion request of December 5, 1945, 

and quote from your letter as follows: 

"I wish to submit to your office for an opinion the following statement of facts: May Commissioners' Precinct No.3 

in Young County, Texas, use that portion of the money not 

heretofore spent derived from the sale of bonds issued following an election in said precinct, for the purpose of graveling 

feeder and connecting roads to and with the specifically designated roads in said.road bond election. 

"I am sending you herein the order of the Commissioners' 

Court sitting down for hearing the petition for the road bonds 

which were sold to raise the above mentioned money. I am also 

sending you herein a copy of the notice issued by the Commissioners' Court of Young County to the resident property taxpaying citizens of said precinct of the hearing to be held before the Commissioners' Court concerning such election. 

"You will note that in all these documents, which are based 

upon the original petition filed with the Commissioners' Court, 

it is specifically stated that: 

"1. 'The money received from the sale thereof (that is, 

the bonds) will be applied to constructing, maintaining, and 

operating certain designated roads within said precinct, which 

roads are commonly known as the Newcastle to Padgett Bridge 

Road and the Olney to Springcreek Road, and a connecting road 

leading from the Spring Creek Road to an intersection with the 

Newcastle Padgett Bridge Road.' 
Honorable E. H. Griffin, page 2 (O-6979) 

""2. That said money will be secondly applied to constructing, maintaining, and operating certain other sections 

of rural roads and bridges and drainage structures on said 

roads in said precinct now in need of repair, etc.' 

"3.'And it is expressly stipulated that if the proposition for the issuance of the proposed bonds is approved by 

the necessary vote of the qualified electors of said precinct 

in such election, the bonds will be issued and sold and the 

tax levied in payment thereof when, and only when, the said 

precinct receives from the Works Projects Administration definite assurance that the said Works Projects Administration 

will assist in constructing, maintaining and operating of the 

road and other drainage structures in said precinct, as hereinbefore set out.' 

"I feel sure that this question is controlled by your opinion number O-6755, dated August 4, 1945, and written for the 

County Auditor of Hopkins County, Texas, wherein it was held 

that if the Commissioners' Court of said county entered a preelection order designating the roads and specifically declaring 

the purposes for which the bond money was to be expended, then 

the subsequent commissioners' courts were bound by the terms of 

said order. " 

We are enclosing herewith copies of our Opinions NOS. 0-6755, 0-4078 

and 0-2860, which we believe fully answers your question. 

Based on the enclosed opinions and the authorities cited therein, it 

is the opinion of this departmentthat the ,bond proceeds-~msntioned in your 

letter cariiibt be'used'forthe purpose of graveling fe6der and.connecting roads 

to and with the specifically designated roads in said road bond election, unless said feeder and connecting roads come under the stipulation set out as 

paragraph two of your request. Said money cannot then be used unless a grant 

is received from the PWA as stipulated in paragraph three of your request. 

APPROVED DEC 12, 1945 

GROVER SELLERS 

ATTORNEY GENERAL OF TEXAS 

Yours very truly, 

ATTORNEY GENERAL OFTEXAS 

COB:EP:hep 

APPROVED 

OPINION 

COMMI'ITEE 

BY BWB 

CHAIRMAN 

By s/ Claud 0. Boothman 

Claud 0. Boothman 

Assistant