HonorableS. M. Pliler CouutyAuditor Taylor County Abilene,Texas
Dear Sir: OpinionNo. O-5406 De: May the County of Taylor legallypurchase passengerautomobilesout of Road and BridgeFunds for the use of county commissioners?And other questions.
Your latter of June 15, 1943,reques,ting the opinionof this department on the questionsstated therein,reads as follows:
'pour opinionsare requestedon the followingquestions in regard to TaylorCounty.
"1. Idaythe County of Taylor legallypurchaseautomobiles out of Road and BridgeFunds for the use of County Commissioners1
"2. May tha County Commissionersof TaylorCounty use County automobilespurchasedin tha above manner to travel outsideof the County?
"3. May the CountyTreasurerof Taylor Countybe appointed purchasingagent of the County and receiveadditi.onal compensationfor these duti.esIn excessof the statutory $2,000.00limitationaa set for County Treasurers?"
Generally speakingmany countiesoparateunder specialroad laws which providefor a more efficientroad system in such counties,and especially providesfor the payment of accountsor expensesincurredby the county commissioners of the county in the operationof their own private automobilesfor supervisingthe maintenanceof roads in their counties. They furtherprovidefor the purchaseand paymentof variouskinds of aquipmantIncludingpickups,etc. Bowever,after a careful. search of the statutes,we are unable to find any specialstatute,or road law, under which Taylor County operates,authorizingthe purchasaof automobiles. The generallaw makea no provisionsfor the purchaseof automobiles,for the county,to be used by the county commissionersin the conductof their office. HonorableS. M. Pliler,Page #'2 (O-5406)
Our OpinionNo. O-1918, among other things,holds that Dallas County is not authorizedto expend its funds for the purchaseof automobiles to be used by the commissionersin connectionwith Their duties in going to and from their respectivedistrictson countybusinessor in pa~?1~3- of repairand storagebills on such automobiles. :iini Lar reques~ta as presentedin your letterwere answeredby this departmentin our opinionsNos. o-541, O-752, O-996, od.345, o-2562, and 0-4508. We enclosea copy of our opinionNo. O-1916.
In view of our opinionsheretoforementionedand the authoritiescited thereinwe respectfullyansweryour first questionsin the negative.
As we have answeredyour first questionin the negadtive it necessarily followsthat your secondquestionrequiresno answer.
With referenceto your third questionwe dire& your at.tention to our OpinionNo. O-2970which holds in effect that Taylor County does not have the legal right or sut'lority to employor appointa county purchasing agent. As we have heretoforeheld that Taylor Cour.*~y has no legal authorityto enployor appointa purchasingagen+.,,we deem it unnecessaryto furtherdiscussyour third question. We enclosea copy of OpinionNo. o-2970.
Yours very ,truly
A!Pl?OBNEX ~GkVEBALQFTEXAS
a/ Ardell'hLl.l.ian~
m Ardell. WX X:.i.am% AssW;mt.
ldw
Enclosures
APPROVEDJ-UN21, 1943 s/ GeraldC. Mann ATPORNEYGENERALOF TFXAS
APPROVEDOPINIONCOMMITTEE BY B. W. B. CHAIRMAN