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1939 Book 4 Texas Attorney General Reports and Opinions 1 (1939)

handle is hein.sag/sagtx0161 and id is 1 raw text is: TnE ArrORNE.Y GENERAIL 'Z W.1AN 0W T'rM_1KAO April 19, 1939 Honorable Lewis M. Williams District Attorney 50th Judicial District Benjamin, Texas Dear Sir: Opinion No. 0-601 Re: Whether the oommissioners' Qourt can legally transfer money from the jury fund into the general fund Your request as contained in the first paragraph of your letter of March 31, to which the above opinion number has been assigned, has received the attention of this Department. Your request reads as follows: If a County has $9,320.49 in the Jury fund, and are badly in need of cash in their general fund, would it be legal for them to transfer a part of the Jury fund to the general fund, provided they did not transfer enough to impair the jury fund for twelve months. Article 8, Section 9 of- the Constitution of Texas, and its relevant provisions, reads as follows: The State tax on property, exolusive of the tax neqessary to pay the public debt, and of the taxes pro- vided for the benefit of the public free schools, shall never exceed thirty-fLive cents on the one hundred dollars valuation; and no county, city or town shall levy more than twenty-five cents for city or county purposes, and not exceeding fifteen cents for road and bridges, and not exceeding fifteen cents to pay jurors, on the one hundred dollars valuation, * *0 Article 1630, Revised Civil Statutes, 1925, reads as follows: The commissioners' court by an order to that effect may transfer the money in hand from one fund to another, as it may deem necessary and proper, except that the funds which belong to class first shall never be diverted from the payment of the claim registered in class first, unless there is an excess of such funds.

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