Case Information
*1 Honorable S. M. Pliler
Couuty Auditor
Taylor County
Abilene, Texas
Dear Sir: Opinion No. O-5406
De: May the County of Taylor legally purchase passenger automobiles out of Road and Bridge Funds for the use of county commissioners? And other questions.
Your latter of June 15, 1943, reques,ting the opinion of this department on the questions stated therein, reads as follows:
'pour opinions are requested on the following questions in regard to Taylor County.
"1. Iday the County of Taylor legally purchase automobiles out of Road and Bridge Funds for the use of County Commissioners1
"2 . May tha County Commissioners of Taylor County use County automobiles purchased in tha above manner to travel outside of the County?
"3. May the County Treasurer of Taylor County be appointed purchasing agent of the County and receive additi.onal compensation for these duti.es In excess of the statutory $2,000.00 limitation aa set for County Treasurers?”
speaking many counties oparate under special road laws which Generally provide for a more efficient road system in such counties, and especially provides for the payment of accounts or expenses incurred by the county of the county in the operation of their own private commissioners automobiles for supervising the maintenance of roads in their counties. They further provide for the purchase and payment of various kinds of aquipmant Including pickups, etc. Bowever, after a careful. search of the statutes, we are unable to find any special statute, or road law, under which Taylor County operates, authorizing the purchasa of automobiles. The general law makea no provisions for the purchase of automobiles, for the county, to be used by the county commissioners in the conduct of their office.
Honorable S. M. Pliler, Page #'2 (O-5406)
Our Opinion No. O-1918, among other things, holds that Dallas County is not authorized to expend its funds for the purchase of automobiles to be used by the commissioners in connection with Their duties in going to and from their respective districts on county business or in pa~?1~3- of repair and storage bills on such automobiles. :iini Lar reques~ta as presented in your letter were answered by this department in our opinions Nos. o-541, O-752, O-996, od.345, o-2562, and 0-4508. We enclose a copy of our opinion No. O-1916.
In view of our opinions heretofore mentioned and the authorities cited therein we respectfully answer your first questions in the negative. As we have answered your first question in the negadtive it necessarily follows that your second question requires no answer.
With reference to your third question we dire& your at.tention to our Opinion No. O-2970 which holds in effect that Taylor County does not have the legal right or sut'lority to employ or appoint a county purchasing agent. As we have heretofore held that Taylor Cour.*~y has no legal authority to enploy or appoint a purchasing agen+.,, we deem it unnecessary to further discuss your third question. We enclose a copy of Opinion No. o-2970.
Yours very ,truly A!Pl?OBNEX ~GkVEBALQFTEXAS a/ Ardell 'hLl.l.ian~ m
Ardell. WX X:.i.am% AssW;mt.
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Enclosures
APPROVED J-UN 21, 1943
s/ Gerald C. Mann
ATPORNEY GENERAL OF TFXAS
APPROVED OPINION COMMITTEE
BY B. W. B.
CHAIRMAN