Texas Attorney General Opinion: O-6960 Page: 3 of 3
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Hon. Ray Winder, page 3
Article 8 of the State Constitution, then the required vote
would be controlled by Article 719, which provides as follows:
"If a majority of the property taxpaying voters
voting at such election shall vote in favor of the
propositions then such bonds shall thereby be author-
ized and shall be issued by the Commissioners' Court."
You are therefore respectfully advised that if the
county desires to purchase the right of way.under the provisions
of Section 9 of Article 8, the same being the county road and
bridge fund, a majority vote of the qualified voters voting at
an election could authorize the issuance of said bonds.
3. Section 4 of Article 2368a provides, in part, as
follows:
"If, by the time set for the letting of the
contract, as many as ten per cent (10%) in number
of the qualified voters of said county, or city,
as the case may be, whose names appear on the last
approved tax rolls as property taxpayers petition
the Commissioners' Court or governing bo dy, in
writing, to submit to a referendum vote the ques-
tion as to the issuance of bonds for such purpose,
then such Commissioners' Court, or governing body,
shall not be authorized to make said expenditure,
and shall not finally award said contract unless
the proposition to issue bonds for such purpose is
sustained by a majority of the votes case at such
election."
If the Commissioners' Court of Cooke County attempts
to issue county warrants against the road and bridge fund, and
a referendum is necessary, then the bonds of the county may be
issued if a majority of the qualified taxpaying voters voting
at such an election authorizes the issuance of the bonds.
Very truly yours
APPROVED DEC 12, 1945
/s/ Carlos C. Ashley ATTORNEY GENERAL OF TEXAS
FIRST ASSISTANT ATTORNEY GENERAL
By Is/ R. J. Long
APPROVED: OPINION COMMITTEE R. J. Long, Assistant
BY: BWB, CHAIRMANRJL:BT:wb
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-6960, text, 1945; (https://texashistory.unt.edu/ark:/67531/metapth264237/m1/3/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.