Case Information

*1 ‘A CDRFJEP GENE

0~ TEXAS

June 25, 1948 Hon. Weldon B, Davis Opinion Ro. V-617 County Attorney

Austin County Re: Legality of defraying Bellvllle, Texas the expenses of BP-

ploging a county nurse fpom the jury fund.

Dear Sir:

Your request fop oup opinion on the above sub- ject matter is, in part, aa follows~

"The Commissioners Court of Austin County, Texas, has been requested by

some of the county citizens to employ a graudate registered numc) to visit pub- lfa schools fn the county and to investl- gate health aond%tfona and sanitary sur- roundings of ~ueh sohooPsp etc,, all. as provided under Article 45288, R, C, se of Texas, Seetfon 3 of the same article pro- vides that the ComiIssfoneas Coust shall be empowemd to appropriate from funds of the reepectlve count%ea, the necessary

wney to cover the salary of such nurse, not to exceed $1.800.00 a year fop any one nurse, and In addftlon themto, the Con- mlssions~s Cowt may appropriate additlon- al funds to covep the expensea of such

mwse fncumed In the visiting of schools, etc.

"You will notice that Section 3 above mentione& of ArtfcPe 4528a, pro-

vides Df~~m any funds of the Pespective oounties D R ktfcle 8* Section g9 of OUP State Constitution provides, among other p~ovislons of such section, that COM- ty, city OP town may levy a tax of not

to exceed fifteen oents on the $lOO,OO

valuation to pay jurofs.

"Questfona Since Sectfon 3, AleI- *2 cle 4528a above referred to, uses the vords Ofporn any funds of the respective couutles 0 p could the Commissioners Collpt legally levy a two pep cent jury tax to defpag the expenses necessaxy,,fop the employment of a oounty nupse?

AFtlcle 4528a, V. C. 9. ppovlder:: "sece 1. That the Comlrslone~s Court of the various Counties In the

State of Texam shall have the authority, when in their judgment it shall be de,em- ed to be necessary OF advisable, to em- ploy one OP more Graduate Registered

nurses whose duty It shall be to visit the public schools in the county In which they are employed, and to Investigate the health conditions and sanlhb supround- lngs of such schools, and the personal, physical and health condition of pupils thepeln, and to co-opeaate with the duly organized Board of Health and local

health authorities in general public

health nursing and perform such other and fplpthep duties as may be required of them by the Conrfssfoners Court.

'See0 2. That said nui%es when so appointed shall be employed on a month- ly salary to be fixed by the CommLssion- ers Court and shall at all times be sub- ject to Pemoval by the Commfsafone~s

Court without prfor notice,

"Sec. 3. The CommlrslonePs Court shall be empowe.Ped to apppoprlate from any funds of the r?espectlve Countfes

the necessary money to cover the ealaPy of such nurses, not to exceed the sum of $1,800~~ to each nose, and In addition thereto may apppoprlate additional funds to COV~P all expenses that may be proper and necessary in the visitin of such schoola, and Qenepal Pnblio fie alth mupa- ing including tpanap$rtstfon and other Incidental expenses0

Aptlcle VIII, section 9 of the Toxaa Constitu- *3 tion provides the maximum rate of taxes for aounty ptir- poses, for roads and bridges, for permanent improve- ments and for juries. The courts have repeatedly held that the CommiasionePsD Court cannot transfsr these oon- stltutional funds and it cannot spend tax money for one purpose raised ostensibly for another gurpose. See Aqlt v. Hill Count 116 S.W, 359, and Carroll v. Wil- liama, 202 9,W. T' 50 D

We quote the following from Attorney Cener- alss Opinion No. V-332:

"Article VIII, Section g9 authorizer the levy of a tax Onot exceeding fifteen (15) cents to pay juror~.~ In cons truing Article VIII, Section 9, the courtm have uniformly held that the p~ovlslons of this Sectlon of the Constitution Dwere designed, not merely to limit the tax rate for cer- tain therein clesfgnated purposes9 but to require that any and all money rafsed by taxation for any such purpose shall be applied, faithfully, to that particular P-Poses as needed therefor, and not to any other purpose or nse whatsoever.D Carroll v. Williams, 202 S.W. 5Ok, 506.

See also Ault v. Hill County, 102 Tex, 335, 116 3.W. 359.

"The JUP~ Fund of the county la a constitutional fund composed of tax money levied for the sole purpose of paying jurors.

The Legislature is therefore prohibited by Article VIII, Section 9, from authorlzlng such tax levy to be used for any other pur- pose than Dto pay jur~rs.~ Therefore, it is our opfnfon that the portion of Section 3 of H. B, 683, Acts of the 50th Legfsla- ture, authorizing the Commissioners Court to pay the salaples of the investigators OP assistants and stenographers out of t#e Jury Fund is unconsti%ut%onal and void.

Sines the jury fund of the county fr composed of tax mOn8y levied fQr the SOPS pwpose Of paying juP- OPS, and in view of the foregoing a,athoritles, It is our opinion that no portion of the jury fund can be used to defray the expensea necessary for the employ- ment of registered nurse to visit public schools in

. .

Hon. Weldon B. Davis, page 4 (V-617)

the oounty,

Blo portion of the jury fund may be expended for the purpose of eaiploying a reglsteped nurse to visit public schools in the county. Artible VIII, 8ectioq 9, of the Texas Constitution.

Yours very tmalJ, ATTORRRY QEl#ZRAL OF TEXAS APPROvH)s