Texas Attorney General Opinion: O-4816 Page: 4 of 5
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Honorable B. F. McKee, page #4 (0-4816)
Subsection (p) of Section 6 reads as follows:
"In the event this Act is repealed, or shall be-
come inoperative as to any county or defined road dis-
trict, then it shall be the duty of the Board to ascertain
immediately the amount of moneys remaining on hand
with it or with the State Treasurer belonging to the sev-
eral counties or defined road districts affected, and
forthwith to return the same to the County Treasurer
of the county entitled thereto, accompanied by an item-
ized statement of the account of the county or defined
It will be noted in Subsection (j) hereinabove quoted that
the Legislature has expressly appropriated all moneys to the credit of
the said counties and defined road districts and commands that it shall
be received, held, used and applied by the State Treasurer as Ex-officio
Treasurer of such counties for the purposes and uses specifically set
forth in the Act and has further expressly provided that until all such
obligations have been fully paid, the money coming into the County and
Road District Highway Fund and such money as remains therein from
the previous year are to be received and held by the State Treasurer as
Ex-officio Treasurer of the county. This section seems clearly to char-
acterize these funds as county funds. Subsection (p) seems to confirm
the conclusion reached in the next preceding paragraph. It provides that
the money remaining with the State Treasurer belonging to the several
counties shall be returned to the County Treasurer, whenever the Act is
repealed or shall be or become inoperative.
Subsection (q) reads as follows:
"All funds on hand belonging to, and hereafter
credited to, the several counties and defined road dis-
tricts of the State, shall be considered State funds, and
as such shall be deposited at intervals in the depositor-
ies provided for by the State laws, and all interest earned
on such funds and on the securities in which they are in-
vested shall belong to said counties or defined road dis-
tricts, and shall be credited to them by the State Treas-
urer as earned and collected."
Since the Legislature has declared that the interest on such
funds shall belong to the counties, it is manifest that the funds belong to
the counties, since the counties would not be entitled to interest earned
on State funds.
It seems clear to us that the Board used funds belonging to
Hidalgo County when it purchased and cancelled the bonds referred to in
your letter, since the only authority we find in the Act for retiring un-
matured bonds is found in Section 6 (m) which reads, in part, as follows:
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4816, text, 1942; (texashistory.unt.edu/ark:/67531/metapth262069/m1/4/: accessed September 26, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.