No. V-0023 (1947).

• Case Date: February 17, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0023 (1947). 1February 17, 1947Hon. N. F. FosterCounty AuditorSmith CountyTyler, TexasOpinion No. V-23Re: Whether the Commissioners' Court of Smith County may legally expend county funds to build a dwelling for the use and occupancy of the county engineer.Dear Sir:Your letter of January 20, 1947, in which you requested an opinion of this Department is as follows:

"Smith County employs a County Engineer and included in his many duties is the supervision of the County Garage and Warehouse, which services and maintains the Road Machinery and Equipment for the County Road System.

"Please advise if the Commissioners Court of Smith County may legally expend County Funds to build a dwelling for the use and occupancy of the County Engineer. This dwelling is to be built on a portion of the County property upon which the County Garage and Warehouse is located, or upon property to be purchased adjacent to said property.

"If your opinion shows this to be a legal expenditure, from which fund should it be made, the Permanent Improvement or the Road and Bridge?"

On January 28, 1947, this Department received additional facts relating to the same matter from the Honorable Arch T. Power, County Judge of Smith County, which are as follows: "As you will recall from our conversation in Austin a few days ago, I promised to give you a full statement of facts concerning the request for an opinion Submitted by N. F. Foster, County Auditor of Smith County, with reference to the erection of a house for a keeper or a watchman.2

"Smith County has purchased some three acres of land and is in the process of erecting a county garage and warehouse for general operations, countywide. The mechanical work upon all of the equipment of the County will be done in this garage and all of the supplies will be stored there. As a matter of fact the whole Road and Bridge Department of the County will operate out of these headquarters. There will be stored on the yard supplies of various kinds and a large part of the machinery and most of the trucks belonging to the County will be stored there each night.

"The Commissioners Court had in mind from the beginning to erect on the premises or immediately adjacent to them on an additional plot of ground, a cottage to be occupied by some employee of the general headquarters, so that they would be available for contact at any time, as

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