Case Information
*1 The Attorney General of Texas MAlTOX NOV’Naber 20, [1985]
Attorney General Ms. Deborah Jo Mertdors Opinion No. ~~-383
Supreme Cart Buildin Robertson County mditor P. 0. Box 1254S P. 0. Box 646 Re: Whether county funds must b Austin. l%. 78711-2548 512147%?501 Franklin, Texas deposited in a designated count 77856 Talex 9101874.1367 depository Telecoplu Sl2/4?502+8
Dear Hs. Meadors:
714 Jackson. Suite 700
Dallas. TX. 75202-
Pursuant gJur limited authority to request opinions, you 85 2141742-6944 two questions in regard the depositories county i
Xobertson County. You inform us at the present time, the count thrnzgh the “bid” process, a county depository has selected, for th 4S24 AlMRD Ave.. Suit0 180 two years. U’e assume that this “bid” process is the procedur El Paso. TX. 799D5.2793 next 915!- outlined in artic:.es 2545 aid 2546, V.T.C.S. You also inform us tha all of the county funds with the exception of the “Road and aridg Precinct Fund” hmre ,been deposited in the bank designated as tb 1001 Texas. Suits 7W couaty depository. llouston, TX. 77002-3111 71312296888 You further kadicate that this “Road and Bridge Preclncc Fund was initially in the designated bank when tb 808 Broadway, Suite 312 taxes were colleci:ed’ by the tax collector ‘for that purpose. However Lubbock. TX. 79401-3479 these funds were tubsequently to one of four banks locate transferred mw747.5238 in each of the for.r county precincts. We understand that warrants ar
drawn accounts varfous banks and ar 4309 N. Tanth. Suite B signed both by the county auditor and the treasurer. You first as McAllen, TX. 7850%1885 whether this depo6:ltoty system in compllmce with state law. W 512lM2-4547 conclude the system contrary to the system prescribed by th
leglalature In articles 2544-2549. V.T.C.S.
2w M.,” Plaza. SIllto 400,
San Antonio. TX. 782052787 As a prel%miusry matter, the Robertson County commissioners tour %?/2254191 has only the pomrs conferred either expressly or by necessar
implication by thtr constitution and statutes of this state. See Tex Coust. art. V, 51~8; Canales v. Laughlin, 214 S.W.Zd 451, 4r(Tex An Equal OPP’XtunltYl A,,lr,,mtlve Action EmPlOW The 1egis:iature has required a county commissioners court t 1948). follow a prescrite,d procedure in exercising its duty to safeguar
county funds. See V.T.C.S. arts. 2544-2549. A conmissioners court I ez;r %nto a contract with any bank in the county as of county funds, after giving public notice sue contract is made. See V.T.C.S. 2544. More than one count depository msy be selected. See V.T.C.S. art. 2546. -
I
p: 1756 *2 ns. Deborah Jo Meadors - Pag’e 2 (JIG383)
Article 2549(a), V.T.C.,S., provides:
(a) As soon aB said bond be given and approved by the Comissione:rs Court, an order shall be made and entered upon the minutes oft said Court desig- narinn such bankian corooratlon, association or banker, as a ‘depositorg for the funds individual of said county r~n.til sixty (60) days after
time fixed for th; next selection of a depository; and thereuuon. it-shall be the duty of the county .
treasurer of sa:.d county Immediately upon th; making of such order, to transfer to said deposi- tory all the fuud.a belonging to said county . . .
and Immediately r.pon receipt of any money there- after, to deposit the same with said depository the credit of said county. It shall also be the duty of tha tax collector of such county to deposit tlu:es collected by him, or under his authority, for the State and such County . . .
in such depository or depositories, soon as collected. . . . . (Emphasis added).
Thus, all county funds are be deposited In the county depository the prescribed period of time. The ouly exception this is found in ar<:Lc&e 2549(c), V.T.C.S.. which provides in requir-t part:
(c) Unless rcpressly prqhibited law or unless ‘it is in c:ontraventiort of any depository contract between ,L county and say depository bank, the Commissionerr, Court may direct the county to:
(1) withdr;nr any amount of funds of county that axe In a county deposl- tory and ere not required inrmcdiately pay obligrtionl$ of the or required be kept deposit under the terms of the deposi- tory contract; and invest those In direct debt
securities of zhe United States. Consequently, system In Robertson County prohibited by this provisiorl..
As indicated above, tL? road and bridge fund is presently in four banks that bave not been designated as county depositories.
The “road and bridge” fund is lone of three statutory funds which are *3 Ms. Deborah Jo Meadors - Page 3 (JM-383)
to be deposited the into the county depository. see also Attorney General Opinion E-1185
See V.T.C.S. art. 1628; In Attorney Genera,1 Opinion ~-33 it was held: m7a).
The purpose of the procedures~ prescribed by the statutes relating to the selection of 8 county to secure to the county a safe. responsible for its funds with a return of interest for ‘Jj6e thereof.
There is no indication the commissioners court has required additional four banks to ~:omplp with any of the bonding requirement6 specified In article 2347. V.T.C.S. Thus, the funds deposited are unprotected by the procedure. In addition. there is also no indication four banks have submitted applications to be Accordingly, we conclude considered a proper cclusty depository. systen Is contrary intent and purpose of articles 2544 tlueough 2349, V.T.C.S.
You also aak whether it is perniasible leave these road and bridge b,anks until such time as you are to select your county depository. We think not. As indicated above, article 2349 require6 that these funds be deposited in the county depository until “60 days after thi time fLxed the next selection of a depository.” See V.T.C.S. 2349. See also Attorney General Opinion O-38377941) (bank selected remains the county depository during the terms of the coutract).
SUMMARY not A county comnissL~mer6 court deposit funds Ln banks which have not been designated as the county depository in compliance with articles 2344 through 2349, V.T.C.S. Article depoeit 2349 requires county officials county fund6 in the designated depository. MATTOX
Attorney Ganeral of Texas NARY KELLER
Executive Assistant Attorney General
Ms. Deborah Jo Meadors - Page 4 (m-383)
ROBERT GRAY
Special Assistant Attorney General
RICK GILPIN
Chairman. Opinion Comittee
Prepared by Tony Gulllory
Assistant Attorney General
APPROVED :
OPINION COMMITTEE
Rick Gilpin, chairman
Co1111 Carl
Susan Garrhm
Tony Guillory
Jim Hoellingar
Jenalfcr &Lggs
Nancy Sutton
Sarah Woelk