No. V-0093 (1947).

• Case Date: March 20, 1947
• Court: Texas

Texas Attorney General Opinions 1947. No. V-0093 (1947). 1March 20, 1947Hon. A. E. HickersonCounty AuditorMontgomery CountyConroe, TexasOpinion No. V-93Re: National forest receipts, prorating of under Article 2351b-4, V. C. S.Dear Sir:We refer to your letter of recent date acknowledged by this office on March 4, 1947, wherein you stated that the County Treasurer of Montgomery County has received $6,607.95 from the State Treasurer as the county's part of National forest receipts, and the Commissioners Court wishes to distribute this sum in accordance with Article 2351b-4, V. C. S. You wish to be advised as to what interpretation should be placed on the word "area" as used and found in the second paragraph of said statute. Article 2351b-4, Vernon's Civil Statutes, provides, in part, as follows:

"That, whereas Congress has heretofore passed a law which provides that thereafter twenty-five per centum (25%) of all moneys received during any fiscal year from each national forest shall be paid at the end thereof by the Secretary of the Treasury to the State ... in which said forest is situated to be expended as the State ... Legislature may prescribe for the benefit of the public schools and the public roads of the county or counties in which the national forest is situated, and whereas the Legislature of the State of Texas has not prescribed any method for prorating said funds, now, therefore, be it enacted that the Commissioners Courts of the counties in Texas in which such national forests are situated are hereby authorized to prorate all such funds received and to be received from the Federal Government for timber and all other income derived from such land as follows:

2

"Fifty per cent (50%) of such money received shall be allocated to the school districts in proportion to the area in said districts, and fifty per cent (50%) of same to the county for the benefit of the public

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