Case Information

*1 757 OFFICE OF THE A’IIORNEY GENERAL OF TEXAS AUSTIN

QauDGhlAW4 -IMIL

Honorable E. 0. Ganep

County Auditor

Bexar Oounty San Antonio, Texas

Dear Sirr

nte have aeased n the Uistribu- us oommouities?

equestlng the opin- ion or this depart ted above reads in part as follower

operating with the for quite some ution of surplus em- time Bexar County has 1 Fund oi tha Gounty store these surplus oommodi- 23723-2, e with Artlole Vernon's

‘On Maroh 1st the agenoies of the State and Federal Governments withdrew their support and

oeaaed to partlolpate in the distribution sur- plus oommoditles. However, on h&oh 9th.

the Commissioners’ Court by Court Order aooepted

from thg State Pub110 Health Department approxi-

mately sixty days supply of surplus commoditlos

I .~ 758‘ - to be used for relief purposes only. On Haroh

13th the Commissioners’ Court by Court Order

tUrned these surplus oommodltles over to the

Aasoolated Charities to needy

families of Bexar County, the Asaoolated Chari-

ties bearing the expense of the distribution

these oommodlties.

“Under the oondltions above stated, oan Bexar County legally disburse funds from the

General Fund of the County to pay rent for a

warehouse to store surplus oommodltlea, slnoe

the State and yederal Governments have Oeased to partlolpate

in the distribution of surplus commodities?

“. . . .” In opinion No. O-2217 (Oonferenoe Oplnfon No. 3099) thle department held in effeot that a oounty aommlsalonere~ oourt may rent a building in whioh ,to 8tore food and olothlng furnished by the Fgderal Government for diatrlbutlon to lndl- gents, may employs ,oase workers e0 assist in determining thoee to whom aid must be ,extended, and may purohase a truok with whloh to distribute suoh oommodltles, if reasonable and neoea- sary to provide support for those parsons mentioneU in sub- division I.1 of Artlole 2351, Vernonle Annotsted Civil Statutes.

This opinion further holds that the oommlsslonsrs~ oourts may rent offloe spaae for Old Age Fension investigators, the 17. P. A.

and other yederal Gooernmant projeots, as suoh prOjeOte are en- gaged in the administration of relief to unemployed and needy people of the county.

It is stated in the foregoing opinion, “It goes without saying that the dlsoretion In the Commleslonersl Courts in suoh mat- residing ters must be soundly exerolsed. If the reolplents

of suoh relief are not so indigent as to fall wlth- la the terms of the statute, the CommlsslonersV

Court would be without authority to do any of the things you lnqufre about. Assuming however, that the beneficiaries of such relief are within the that a storehouse la neoessary In provid-

ing them with support, that the oounty has no avall- abler space without renting the some, that the house *3 rented Is OS afza and looation ooomensurate with

the need and the rent reasonable, your first ques- tion is answered in the affirmative. . . .*

The question referred to in the quoted matter above 13 aa followsr

. %ay the Comaiesioners* Court legally lease a building to be ulsed as a warshouse to store

surplus ooamodities, auoh as foods and olothing

fumi8hed by the Federal Government to be issued

to the indigents of the oouaty, and pay $100.00

per month rental for said bullding?R

In the faots stated in your letter it is noted that the oommlsslonerr~ oourt by oourt order turned the aurplus commodities over to the Asaoolated Charities

to needy fsmillee of their oounty and that ths Assoolated Charities were to bear the expense of the distribution

these oommodltles.

Ii the reoipients of suoh raliaf are so Indigent as to fall within the terns of the statute (Article

Vernon’s Annotated Civil Statutes) the oommissloners’ court would have authority to disburse funds from the general fund the oounty to pay the rent for a warehouse to store these Am.uning that the beneffoiariee of suoh surplus oomaodlties.

relief are within the we reapeotfully answer the above stated question in the affirmative.

Ve are tmolosing herewith a oopy of opinion No, 0.2217 (Confemnoe Opinion No. 3099) for your oonvenlenoe.

Yours very truly ATTORNXY GhWERAL OF TEXAS Ardell Williams Asslettit