Texas Attorney General Opinion: V-1200 Page: 4 of 6
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Ion. Wayne L. Hartman, page 4 (V-1200)
the general fund. The court did net hold that there was
an implied power to issue warrants or other obligations
payable from the general fund. The statute itself au-
thorizes the issnmne of warrants.
The original voting machine act (Senate sill 34,
At. 41st Leg., 4th C.5. 10, oh. 33, p. 60) provided:
S. . . for the pepose of paying for voting
machines, such Commissioners Court is here-
by authorized to issue bonds, certificates of
indebtedness or other obligations . . .
This language was changed by House Bill 121, Aots
h , g., 2nd C.S. 1937, ch. 529 p. 1953, to read as fol-
lews (Section 6 of Article 2997a5:
" . . for the purpose of paying for voting
a hines, such Commissioners Court is hereby
authorized to issue bonds, and certificates of
indebtedness, warrants. or other obligations
The Legislature nust have considered that the orig-
inal act did not include the power to issue warrants for
otherwise it would not have added "warrants" by the 1937
amendment
The ert, in the Bear Co unty case, cited with
approval the case of Hidal&oCi ttunt.F t _nA , supra. * In
that case the validity of certain ime :arrants issued
against the general fund for tick eradication purposes was
in issue. The court held the warrants to be valid. How-
ever, the question whether time warrants could be issued
against the g eeral fund without express legislative au-
thority was not involved, for Section 5 of Aticle 1525o,
VP.C., expressly authorized the issuance of such werrmats
in the following language:
" . . . and it is hereby made their duty to
appropriate moneys oat of the geeral finds of
their cowties, to incur indebtedness by the
issuance of warrants, and to levy tires to pag
the interest thereon, sl to provide a sinking
fund for the payment thereof . . "
The other case involvin g the issnuane of obli a-
ti ans payable in future ychs out of the aweal aot is
%s MRnrS v. wllbasper QaitnYl , supra, wioh vas esit
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1200, text, July 6, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266018/m1/4/?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.