Untitled Texas Attorney General Opinion ( 1946 )

Honorable Otto Brfttafn
County ma itor
Angel lna Cduntg
Lufkln, Texas
Dear Sir : Opinion No. O-7115
Re: Authority of the commissioners ’
court to spend funas aerivea
from taxation for permanent im-
provement purposes to maintain a
County Health Unit.
Your letter of recent date requesting an opinion from
this department on the above subject matter Is as follows:
“Please advise if the Commissioners’ Court
has the authority to spend funds derived from
taxation for permanent improvement purposes to
malntaln a County Health Unit, that is, to pay
salaries, supplies, etc., for the Health Unit.”
Section 9 of Article 8 of the Constitution of Texas
Inhibits any and all transfers of tax money of the several
classes of constitutional funas and, as a sequence, prohibits
the expenditure, for one purpose, of tax money ralsed osten-
,slblg for another such purpose. Carroll v. Williams, 202 S.W.
504, 505”
In 26 Words ana Phrases 81, we find the following:
“To ‘malntaln’ means to preserve or keep in
an existing state or condition, and embraces
acts of repair and other acts to prevent a decline,
;ayt,,or cessation from that state of condition,
(See also other cases cited in 26 Words
and Phrases, pp 77 through 92, under the heading
of “Maintenance. ”
Under the cases cited Fn Words and Phrases, supra, it
Is our oplnlon that the maintenance of a County Health Unit
does not constitute permanent improvements.
We held In our Opinion No. O-2281, a copy of which is
herewith enclosed, that the commissioners’ court had the au-
Hon. Otto Brlttain, page 2 o-7115
thoritg to elipend money from the general funds of the county
and in behalf of public health and sanitation within the
county.
In view of the above authorities, it is our opinion
that the commissioners' court does not hav& the authority~to
s@end funa derived from taxation for'permsnent improvement
purposes to maintain a County Health Unit.
Yours very truly,
ATTORNEYGENERALOF TEXAS
By s/J. C. Davis, Jr.
J. C. Davis, Jr.
Asslstant
By s/John Reeves
John Reeves
JR:LJ:wc
I
APPROVEDMAR 5, 1946
s/Carlo8 C. Ashley
FIRST ASSISTANT
ATTORNBYGENESAL
Approved Opinion Committee By s/BWB Chairman