Texas Attorney General Opinion: O-1054 Page: 4 of 5
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lomeable Chas. A. Toseh, ag 4
puruant to Lth. bov statory provisions. Likewise, th
46th Leislature hs so mede an appropriation tor the preasnt
biesau eaing August 31 1941.
tbre are srteia well settled rules sad prliaiples
seoepted by our ourts eand in east isres general, among
w~lsh ars that State wsrrrts are not s osideret as, a to
they have the qualities of eomeretsaI paper, They posses
none of the qualities or attributes of eomeuetal aper. The
holder merely stands in the shoes of the payee. Warrants
are only pria feels evidenoes of an iatdbtednese serving
as a convenient node of soadsttng the public business sad
are an-n agotiable gensraliy. Asy vs. James, 126 8. 1, 732;
Lasater vs. Lopes, 17 8. W. 373.
The omaesioner ' Court of a county is a creature
oi the 8tste Constitution and its powers are lialted and
eatrolled by the onatitution and the laws so eassd b
the Legislature, See Constitution, Article V *otion 18)
Baldwin vs. rats Count4, 46 Cir. App. 199, 8 ., V.i40
merd vs, Falls County (ex. Clv. App.), 26 8, I. 7 1t
island vs. Orr 90 " ez. 492 )9 8. W. $8; Comaissioner
Court vs, Wllee, 15 8 * W. (24) 535 Howard vs. Heaterso
Coaty, 16 8. W. (24) 479 (writ refused).
The county court being an agent of the county must
conform to the node prescribed for its station LA the exercise
t its p wers confided to it- Ferguson vs. lalals, 47 fi.
al.
he warrants in question are a species of property,
evidencing an obllSgtin on the part of the State to its
ia strict, sonty and preinct officers. Te funds repress&kd
thereby are earerfed with a perticuler trust, guaranteed
to the respective ountiles and their officers who hold the
equitable and beneficial interest therein payment assardinl
to tneir f~e value, to the extent of 10% oft their taoe
value, the State has pledged its credit They are payable
to the County treasurer, wh as disbursing agent o the
county, aust aseount for all uoneys whlch some into his
hands and apply the same as "required by law , (see Artils
1709) Such wrrnts are the means of tr ansfrrin state
funds from the Sate Treasury to the County Treasury or
Officers' Salary. Fund nd until satually .ibursed such suas
represented remain those of the state.
The County T resurer is a public officer entrusted
with the money whloh belongs to the public, which continues
to be public funds in his hands. His duties are prescribed
by statute, and his obligations ie fixed by the law and by
the terms of his bond, Poole vs. uBarnet County, 7s6 . w. 25.
Does the Oamsatonss' Counrt have authority in
erryine out its rust, by assiarments, to obtain Ilas than
the face value of these pa rtieular warrantsat We hardly
think so. An examination of the statutes discLoses that
the Legisature has provided a- aethod and means of auenting
She Ottleers' alets Fpd wheat there is mnsuffiiat funds
thereia to pay the salaries of ~be distrot, ounaty and
prosinct oftieers, as tofloet
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-1054, text, July 5, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258236/m1/4/: accessed May 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.