Untitled Texas Attorney General Opinion ( 1939 )

OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN emuw=w”~ I G? ~rromn asea=ab ! ib I+ d : lk ,‘\ Mr. Nell J. Gilllgan ! i t County Auditor Uvalde, Texas (-... :'\ "\l,, -----. Desr Sir; ---1 "..~.\\,, ;iy::s; :;%$iq*‘t, kunds given t6'tha.m te?alaor xouas Bill onatrwtion end 6 OS lateral roads. way for cc;un+ylateral roads and for the pay- ment or legal obli&.:tlonslxmurred therefor prior to ~'muaq 2, 1939, (b) for the oon- struation or Improvement of oounty l&era1 rwds, (o) for p&ng the yriuofpal, interest and sinki``$fund requirements of my bonds or 374 Mr. Neil 3. Gilllgan, page 2 warrants which were lecjaliyissued by suoh county or road distrlot prior to January 2, 1939, the proceeds or which were sotually expended In the oonstruotlon or improvement of lateral county roads, (d) for the plurpose OS supplezuentingrunds appropriated by the United States Government Sor Sorka Progress Administration highway construotton, irubllo %orks Administration highway oonstruction, and such other grants OS Federal Sunde aa may be niadeavaiLable to the aLunties or this state for oouuty lateral road oonstruotlon, a& (e) Sor the purpose of cooperating with the State Highway Department and the Federal Government Fn the construction of rarm-to- market roads." IIIour opinion this olearly authorizes the oom- missionarti'oourt to expend the tunds given them uuder louse Bill #68t3for the oonstructlon and hialhtauanoaor oounty lateral roads. Xhen onae the aounty la advised of the balsnae available to thalr oredlt In the lateral road amount set up under this law by the Board of County and District Road Indebtedness it then becomes a uatter for Betermina- tion by the commlasioners* court US that county as to the disposition of~suoh Sunds available, subject only to the restriatlons above stated. This department is not in a position to any when suah Suuds may beaome available to the various counties, Sor the reason thst the administmtion of thie law has been conS8rred upon the Board of County and District Road In- debtedness and we think tl:atthey alone oan advise you as to the time such fuuds will beoome available. You have already been malled a oopy OS our opinion Number O-908, whioh we thluk answers your third inquiry as Nr. Nell J. GilJ.lgau,page 3 to the constitutionality OS this bill. %iemight state further that in our opinion tie objeotions raised in Opinion Number O-908 were oorreoted in the present bill.. House Bill e688, we think, complies with opinion Number O-908. Very truly yours ATTORNEY GENERAL OF TEU2 Clarenoe h.’ Crowr Assl@ant APPROEED SEP 23, 19 APPROVED OPBUSi COliKCTTEE By /s/ B.W.B. Chairman