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

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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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