*1 Gerald C. &aa AUEIXN BP. TEXAS
Mr. Quincy Hawkins
County Auditor
Henderson County
Athens, Texas
Dear Sirt Opinion Do. O-719
Rer Liability of the County Comais- sioaers~ Court for interest on generel.fmd sorip.
Your request for ea opinion on the followiag question: "IS the county liable to holders of general sarip for six per cent laterest on saum?" has bsea received by this offioe.
us quote from ea opinion Do. O-505, written by the Hoa. Richard E. Coake, Assistant Attorney Generals as followsr
*A county general fund wemeat, casmoaly oalled general fund scrip, is not a negotiable iastruemsat. h-t. 5932, Sea. 1, B.C.S. of Texas. It ia only evi- dence of indebtedness shmlng that the claim present- ed wee allowed. It is not a contract to pay oa de- mead. The scrip is sa order to the Couaty Treasurer .to issue a vouoher to the payee for the amount there- ofo 55 Tex. 49, Aske v. Herris Cow&y." Prior to this holding by this department, it has been trios held by the department that a mmnrissioaers ' Court is without authority to al- low or pay the iaterest upon ordinary muvents or sorip issued in payment of current expenses,
It is, therefore, our opinion that a county is not legally liable to pay interest oa sorip warrants issued to pay monthly acoouats.
Yours very truly ATTORNEY GWERAI, OF TFiXAS FCC:ob:egw By s/Fred C. Chandler
APPROVED Gerald C. %na Fred C. Chandler ATTOFGIEX G- OF TBXAS Assistant
vr. ;uincy Hawkins, thy 2, 1959, Page 2 that a Coxiissionere* Court is without authori- ty to allow or pay the intereet upon ordfnary countywarrnnt6 or norlp issued in payneat 0r current ex~3enses.
It Is, therefore, our opinion that a county is not legally liable to pay interest on scrip warrants issued to pay monthly acaounts.
Trustln~thatthlrr anmara your in- w.rY. we are
Youra Yerp truly Kl’TORNEF GENERAL OF TlSAB