Texas Attorney General Opinion: O-4023 Page: 2 of 4
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Honorable Bill S. Watkins, Page 2 'I
the different precincts. Article 6674q-7
(V. A. S., Supplement, page@ 89, paragraph
3) provides in part 'Wthereupon, said
Eoard shall relt said mcnay,or the part
thereof to be utilized for such purpose,
to the County Treasurer of suoh county,
said money to be deposited by the County
Treasurer in accordance with the law, and
the same shall be utilized by the county,
actinG through the Commissioners Court, for
the construction of lateral roads.'
"Both the Court of Civil A.pola and
the Suorem3 Court in the case of Zhivers V
Stovall, 75 S. W. (2) 276; 103 S. I. (2)
363 and 114 S. W. (2) 502 have construed
article 6940 wVaich deals with the exDendi-'
ture of the road and brid,-'e fund but,'Judge
German said 'As to that portion of autoc-
bile registration fees retained by Van
Landt County, article 687a-10 Vernon's
Ann. Civ. St., expressly provides how same
shall be expended, and for that reason it
is obvious hat article 0740 has no appli-
Oation to same' .
"It is the opinion of the writer that
the method of expenditure of funds received
from the Board of County and District Road
Bond Indebtedness is provided by Article
0674-7 just the same as article 6675a-10
providess for the expenditure of automobile
"y answer to their first question ans-
iered their second question; :ind I answ-.rad
their third question by advising the Court
, at in my opinion this money, in the %ords
of the stattute 'should be utilized by the
county, acting through the commissioners
court for the construction'of lateral rC03ds.'
It seems to me that the l;;islature meant by
those ;ords and the two pvervxaphs of the
act that follow :2me, tht the Cortnissioners
Court sitting as a whole s al3d decide which
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4023, text, 1941; (texashistory.unt.edu/ark:/67531/metapth261264/m1/2/: accessed September 26, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.