In your letter of June 28, 1940, you request our opinion as to whether a county 13 required to pass nn order a,nnurl.ly :~llorulng the discount provided for In Article 7057d, Vernon’s Civil Statutes, in order to keep such allowance of discounts effective, or wheth,er e.n order adoptInG the provislons of the statute will remain In force and effect untl,l can- celled or set asl,de.

In the statute It Is provided that the discount provlsiona “shall not apply ***** until the governlriS body **.Q.**. by of the statute resolution or order, ahall adopt the provis-!.on:; hereof. ” ordinance,

There 13 nothing In the statute which Indicates an intention to require a Commissioners t Court to make an acceptance of the provisions of the statute annually. Rather we think It fairly ~clear from the language of the statute that such was not intended.

It has been held In several cases that an order fixing a county treasurer’ 6 comml sslons under Article 394’l, Civil Statutes, remains in force and effect until set aside or superseded by another order. Stephen: vs. Ml110 Co., 113 S.W. (2d) 944; Throckmorton Co. vs. Thompson, 115 S.W. (2d) 1102, Sup. Ct.; Baxter v3. Rusk Co., 11 S.W. (2d) 648.

It may be that an order could be drawn, which would be effec- tive for only a year by Its own express terms but we assume you do not have in mind such an order. If the order contnins nothing Indicating an lnten- tlon to the contrary, we are of the oplnior! that It alli remain In force and effect from year to year unless vacated.

Yours ver, truly,

ATTORNEY GENERAL OP TEXAS s/ Glenn R. Lewis Glenn R. Lewis Assistant GRL:R.S:wc

APPROVED JUL 11, 1340

B/ GROVER S!&LEF3

Yrst Assistant

'T\oRNEX GENERAL