Texas Attorney General Opinion: V-1200 Page: 2 of 6
This text is part of the collection entitled: Texas Attorney General Opinions and was provided to The Portal to Texas History by the UNT Libraries Government Documents Department.
Extracted Text
The following text was automatically extracted from the image on this page using optical character recognition software:
Ion. Wayne L, Hartan, page 2 (7Y-1200)
be issued under the provisions of Article 2351a-l. We
agree with your conclusion.
It is manifest that bonds may not be issued for
stuh purpse, for there is no express authority there-
for granted in Article 2351a-1. The Supreme Court %of
Te a in the ease of trY Loi i 110 Tex, 179,
217 .W. 373, 376 (19r yyti
tht 0& autio t a court charged
with tni s ra on o business af-
fairs of a county is without the power to is*
sue negotiable securities, depriving the county
of true defenses against the original creditor.
I 1_ n a.QL&9Vr #9 be et It o
i x esi co0 reqbya. o
is-s e establish ootrine-in -thisState, and
has been from an early time." (Emphasis added
throughout.)
In the case of Kep . P , 10 S.W. 2d 694 (Tst.
Com. App. 1928), the court, in acoordanoe with the well-
established doctrine announced in the uater case, held
that the power to issue bonds is one whioh is beyond the
seope of power of the governing body of a oity or county
unless it is specially granted.
As the statute does not expressly authorize the
issuance of bonds, no such power exists, As to the is-
anece of time warrants, a more difficult question is pre-
raeted.
On September 28, 1935, this office rendered what
is kmown as the "Somervell County Opinion." It was a
letter opinion addressed to Hon. W. P. Dumas, Dallas,
Texas. This opinion was given wide circulation among the
various counties of the State, Among other things, it
held that time warrants could not be issued against the
general fund of a county, The opinion held that the our-
rent operating expenses of a county must be paid out of
the general fund, and that present current operating ex-
weses should be paid out of current funds It was held
that fttrre tax levies for the general fund could not be
ms ared to pay current operating expenses. The Somer-
011 Caunty Opuinin was reaffirmed in 1939 by Conference
Opinion No. 3095.
In the ease of at J s'bpra .the court
ba, in effect, that as coh i fte statutory
Upcoming Pages
Here’s what’s next.
Search Inside
This text can be searched. Note: Results may vary based on the legibility of text within the document.
Matching Search Results
View one place within this text that match your search.Tools / Downloads
Get a copy of this page or view the extracted text.
Citing and Sharing
Basic information for referencing this web page. We also provide extended guidance on usage rights, references, copying or embedding.
Reference the current page of this Text.
Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1200, text, July 6, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266018/m1/2/?q=%221951~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.