*1 OFFICE OF THE A~ORNEY GENERAL 0~ TEXAS AUSTIN

Honorable F'md Roz'ricr

Couuty Auditor

Polk Coun$y

Livingston, Texas

Bar S3.m

Your reoiat reauest fo t- ourt, eout,thatrbond te that, .our BorluQlesiQi-lers sot Commtesi~oners of :tbeir rerrpeo- tvw bonda; supposedly as set out #2380, and 6762: mm ,one ot the tbmmlsslone~a has MI-- fuabd 60 m&e ~only one bond; se set Outs in AH.4 #23&O." “ :_~

~. Aptioles 2340, 6744, and 6762~;brnon’~ Annotated Civil Statutes;.read:r as follows;

gcnorable Fred Norris, Page ~2

"Art. 2340. Before entering upon the duties 0r their arflae the oountg judge and each oommIstafozlerwhali take the~ofSlofal oath end shall alao t&e a written oath that he vlL!

not be dlrsotlp 0r.Indlreo~tl.y Interested La any contraot vltih,~ or claim against, the county In whLch he realdes, exoept such warrants a6 may issue to him as isca of offl.ce. Eaoh~oezmls- sloner shall exeoute a bond to be approved by the county Judge lnthe aumoftbmsthmmmd

dollars, payable to the county treasurer, aon- dftioned SOF the felthful perfomawoe of the duties OS his offlce, that he will pay ,over to hia county ati moneys Illegally paid to him out of county Sunds, a8 voluntary payment8 or othervlre, and that he ~111 not vote or gfve his tonsent to pay out county f'unds exoept SOP lawful purpooes.

“Art. 6744. X&ah road superintendent shall wlth%n tventy cl&ye after his appointment take and subscribe the oath required by the Constitution, and give-bond payable to and to approved by t&s aountr judge in such m&m ee the conmIssioner@ court my S&x, oondltloned that he will faithfully perform all the dutier required of htm by.law or the uoraulruionerr oourt, snd that he vi11 pay out and disburse the inads aubjeot to hlr oontrol as the lav provlQee or aa+l oourt BWJJ dlreot.

"&ii. 6762. In, all oountlee of thle State; 6s &mm by the preoedlng Federal oen- BUS to oontain as many as forty thousand In-, habitants the members of the~commissioners court ,shail be ex-oSSl.cio road ooamisaloners of theiF respective preoinots$ and under the direo- tlon OS the oomnf.sslone~s court shall have charge the ttmas, tools and lrvschlnerg belongIng to Qmoounty and placed In the~lr hands bg 8aEd oourt . They shall superintend the ,layfng outi of new roads, the making or ohasging of roads and the building of bridges under rules adopted by eaLd oourt. Bach aommlaeloner shall, first execute a bond OS one thousand dollar8 payabze to and to be sipproved by the eOuntY judge Sor..ae &se and benefit of the road and bridge fund, owdltloned that he will perform al1 the

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Bonorable Fred Borris, Page 3

duties required of him by lav, or by the oom- missioners court, and that he vi11 account for all money or #her property belonging to the county that may o&ue into his possesalon."

Polk county has the population of 20,636 lnhabltants according to the 190 Federal census.