Texas Attorney General Opinion: M-367 Page: 2 of 5
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Hon. Paul Spillan, page 2 (N-367)
which are placed in the regular road and bridge fund (Article
6675a-10, Vernon's Civil Statutes) and the 15t additional annual
ad valorem tax fund (special road and bridge fund) authorized by
Section 9 of Article VIII, Texas Constitution, remain separate
funds subject to being used only for the purposes authorized by
With the exception of the county judge's salary and
the county commissioners' salaries, which we will discuss shortly,
none of the above listed purposes could be financed from the
regular road and bridge fund or the special road and bridge fund.
Dallas County v. Plowman, 99 Tex. 509, 91 S.W. 221, (1906).
"All county expenditures lawfully au-
thorized to be made by a county must be paid
out of the county's general fund unless there
is some law which makes them a charge against
a special fund." Bexar County v. Mann, 138
Tex. 99, 157 S.W.2 134 (1941).
Articles 38831 and 2350(1) of Vernon's Civil Statutes,
deal with the salaries of county commissioners and county judges
of the various counties.
Section 12 of Article 38831 is quoted as follows:
"The salaries of the officials named in
this Act shall be paid out of the Officers' Salary
Fund and/or General Fund of their respective
counties with the exception that the salaries of
county commissioners and county judges may be
paid in accordance with the provisions of ec-
tion 2 of House Bill No. 84, Acts of the Forty-ninth
Legislature, Regular Session, 194.5 Article 2350
(1) of Vernon's Civil Statutes) (Emphasis
Article 2350(1) is quoted, in part, as follows:
"The salary of each County Commissioner
and each County Judge may be paid wholly out of
the County General Fund or, at the op tion of
the Commissioners Court, may be-pa ut o
the County General Fund and out of the Road
and Bridge Pund in the Following proportions:
County Juge no to exceed seventy-five per
cent (75%) of such salaries may be paid out
of the Road and Bridge Fund, and the remainder
out of the General Fund of the County, and
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Texas. Attorney-General's Office. Texas Attorney General Opinion: M-367, text, 1969; (texashistory.unt.edu/ark:/67531/metapth269589/m1/2/: accessed October 18, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.