Untitled Texas Attorney General Opinion

Honorable S. T. Denny
County Audltolr
Houston couut y
Crockett, Texas
Dear Sir:
0~1ni0n 1``. o-2728
Re: The legal duty and authority
of the commlnaloners' court with
reference to advertising for and
reaelvlllg bids ia aotiuectloa
with the sale of oountg and road
district bonds.
Your recent request for an opinion of this Depart-
ment upon the questions as are herein stated has been re-
ceived.
We quote fma your letter a.8 follows8
"Please advise the legal duty and authority
of the Comnbslonere Court with reference to adver-
tising for and reaeipt of bide In oonneatlon with
the sale of County a&d Road District Bonds.
"Should the CollPnlesionere Court fall to meet
all legal requirements as outllaed in your opinion
on the above question what are the legal duties and
authority of the County Auditor?"
Article ‘752a, Veraoa'e Annotated Civil Statutes,
reads a8 followsr
"Any county, or any political subdivision of
a couuty, or a&y road district that has been or
may hereafter be oreated by any general or special
law, is hereby authorized to issue bonds for the
pu~poas of the oonrtruatlon, malntenaaue, and
operation of maoadamleed, grareled or paved road8
and turnpikes, or in aid thereof, ia any mount not
_-
.
Honorable S. T. Denny, Page 2 (O-2728)
to exoeed one-fourth of the assessed valuation of
the real property of such county or political’subdl-
vision or road district, and to levy and collect ad
valorem taxes to pay the interest on such bonds atid
provide a sinking fund for the redemption thereof.
Such bonds shall be issued In the manner hereinafter
provided, and as contempleted and authorized by Sec-
tion 52, of Article 3, of the Constitution, The.
term ‘political subdivision8 as usea in this Act,
shall be construed to mean any commissioners pre-
cinct or any justice precinct of a county, now or
hereafter to be created and established.
Article 7523, Vernon’s Annotated Civil Statute&, pro-
vides “after approval and registration as provided by law eela-
tlve to other bonds, such bonds shall continue in the custody
and control of the commlsaionersl court In the county in which
they were Issued, and shall be by said court sold to the hlgh-
eat and best bidder for aash, either in whole or In parcels,
but not less than their par value, and the purchase money
therefore shell be placed In the county treasurer for such
county to the credit of the available road fund of such
county, or of such political subdivision or road district
of such county, a8 the case may be.“’
When any number of adjoining counties within this
State Issue bonds a8 authorleed by Article 778a, Vernon’s Anno-
tated !Xvil Statutes, and the procedure a8 set out in Articles
778b-778p, Inclusive, the commlssioners~ courts of the coun-
ties embraced in such district, at a joint meeting held ins
the county having the largest number of Inhabitants, as shown
by the last Federal cetmas, shall adv&tise suoh bonds for
sale, and the advertisements or notice of such proposed sale
shall be published in the newspaper of general’ alrculatlon
published la the district, one time, and. at least ten days
before the time fix.ed for such sale, a8 required by Article
778k, Vernon’s Annotated Civil ‘Statutes,
Article 778k, supra, applies only to districts corn;
prlslng two or more counties contiguous to each other and does
not apply to the sale’of county and road dlstrlot bonds com-
posed of only one county or a political subdivision thereof
as specified in the statute.
It will be noted that Article 752j, supra, requires
that the commiasionerst court shall sell the bonds to the’
highest and best bidder for ,cash, either in whole or in par-
cels, at not less than their par value, However, thla sta-
tute does not require the commlsslonerst court tb advertise
,
Honorable S. T, Lenny, Page 3 (O-2726)
said bonds for sale.
The only duty Imposed upon the commlssloners’
court with reference to county and road district bonds
issued under Articles 752a-752y, lncluslve, are, as above
stated, that the commlssloners~ court shall sell said bonds
to the highest and best bidder for cash at not less than
the par value of the bonds.
With reference to your second question, It must
be presumed that the commissioners1 court will do its
legal duty with reference to the sale of aounty and road
district bonds, and until it is shown that the court has
failed to do its duty with reference to the same, your
second question la premature. Therefore, It Is not nece-
ssary to answer the same.
Trusting that the foregoing fully answers your
inquiry, we are
Yours very truly
ATTOIWXPWRRRAL OF TEXAS
BY
Ardell Williams
Assistant
AW:BBBrjl
APPROVED
OPIBlIOR
COHBITTEE
KY /a/ BwB
CHAIRMAR