GENERAL AS 1.~. ,/ IA/,
HonoraM John II.Crudgiagton CounfyAuditor Potter County Amarillo,Texan
Dear Sirs OpinionHO. O-6805 Bar uss of th. surplusin the Road and Bridge Fund.
Your requestfor an opinionfrom this depw+mmt is as follouss
"House Bill 850, listed %n Vernon'sTour SessionLam of the 49th Legisle turo, statesthat ,anycountywhich does not levy l road and Ekidge tax, and has a surplusan its B. & B. Fund. may use the arurplus as it sees fit.
wArticlo66758 10 providesthat all monies reaeivedby the countyfromthe registrationfees on motor vehiolesshall be used for the constructionand maintenanosof lateralma&s of the aounty.
"SincePotter Countyhrs a low mileage of lateralroads it leviesno road tax and has an looruingyouly surplusfrom the proceedsof fines and reg- istrationof motor vehicles.
"Is it within the discretionof t.WaCmmiosioners~Court to we the surplus in its R. & B. Fund under tha prevailingstatutes?"
Article 6675~4-10, V.A.C.S.,is m follows:
RApportionmentof funds. - On ?dondayof eaah week each County Tax Colleotor shall depositin the County bpository of his county to the credit of the CountyRoad and Bridge F'undan amount equal to one hundred (1%) per oent of net oollectionemade hereunderduring the promding mek until the amount 80 depositedfor the currentoalendaryear shall Bave reacheda total sum of Fifty Thousand(#50,000.00) Dollars
"Thereafter,and until the amount so depotiteqfor the year shall have rsach- ed a total of One EundredSeventy-FiveThousand($176,000.00)Dollars,he shall dopositto the aredit of said Pund on Monday of eaoh week an amount equal to fifty (6%) per cant of collectionsmade hereunderduringthe pro- codingweek.
"Thereafter,he shall m&a no furtherdepositsto the credit of said Fund duriag that oalsndaryear. All collaotionsmade during any trek under the provisionsof thisAet (Arts. 6675a-1 to 66751-14;P.C. Art. 879a) in ex- oess of the amountsrequiredto be depositedto the arodit of the Rti and Hon. John W. Crudgington,page 2 (O-8805)
Bridge Fund of his county shall be remittedby each County Tax Collector on each Monday of tha succeedingweak to the State HighwayDapartmont togetherwith carbon oopiesof each licensereceiptissuedhorounderdur- ing the preoodingwok. Ha shall also on Monday of each week remit to thm Deprrimantas now providedby law, all transferfers and chauffeurs' licensefees oolloctodby him duringthe pracodingweek, togetherwith carbon copies of all receiptsissuedfor said feea during the week.
"He shall also sccompanyall remittancesto the HighwayDqarWnt with a completereport of such collaotionsmade and dispositionmade thereof the form and contentsof the naid report to be prescribod by the State HighwayDepartment. None of the monies so plaoad to the creditof the Road and BridgeFund of a county shall be used to pay the salary or ooms pensationof any County Judge or County Commissioner, but all said monies shall be used for the constructionand maintenanceof lataralroads in such countyunder the supervisionof the CountyEnginasr,if there ti one, and if there is no such enginsep#then the County Commissioners' Court shall have authorityto oomnandthe sarvicooof the DivisionEngineerof the State HighwayDopartmantfor the purposeof supervisingthe construo- tion and surveyingof lateralroads in their rospeotivecounties. All funds alloortodto the countiesby the provisionsof this Act (Arts. 6675~~L to 6675~~14; P. C. Art. 807%)may be used by the countiesin the paymentof obligations,if any,