Untitled Texas Attorney General Opinion ( 1969 )

HE L~TTCBRNEW GENERAL UD)F I’F,XAS Senator Tom Crelghton Opinion N. M- 353 Chairman, Water and Conservatfon Committee Re: Senate Bill No, 129, an Texas State Senate Act amending powers and Capitol Building authorities of the Red Austin, Texas River Authority and to change the quallffcatlons of Directors; constitu- tionality under Section 59(d), Article XVI, of Dear Senator Crelghton: the Texas Constitution. You have requested our opinion as to the application of the requirements of Section 59(d) of Article XVI, of the Texas Constitution, to Senate Bill No. 129, 61st Legislature. This bill proposes to amend Chapter 279, Acts of the 56th Legislature, 1959, as amended (Article 8280-228, Vernon's Civil Statutes). You further state that the effect of this Act is to alter a and authorities of the Red River the power, Authority and t,ochange the qualifications of Mrectors. Specifically, Section 14(a) of Article 8280-228, would be amended so as to permit the authority to exercise its powers outside the counties expressly named as part of the authority; Section 1.6would be amended to authorize the authority to convey the title or use of water of the Red River, for use in other states which are adjacent to the Red River; and Section 4 would be amended to alter the qualifications of the directors. The Texas Water Rights Commission has raised a ues- tion of application of the requirement of Section .59(d B of Article XVI of the Constitution of Texas, and you advise that notice of Intention of introducing the bill as required by that Section was not published prior to its introduction In the Senate. Section 59(d) of Article XVI, of tie Constitution of Texas prohibits the passage of any bill, ....if such bill (1) adds additional land to the district, (2) alters the -1746- Sen. Tom Creighton, page 2, (M-353) taxing authority of the district, (3) alters the authority of the district with respect to the issuance of bonds, or (4) alters the qualifications or terms of the office of the members of the governing body,of the district", unless notice of the Intention to introduce 'sucha bill, together with a copy of the bill haa been published at least thirty days and not more than ninety days prior to the introduction thereof In a newspaper or newspapers having general circulation in a county or counties in which that district or any part thereof is or will be located. In addition, delivery Is re- quired of a copy of such notice and such bill to the Governor, who shall submit such notice and bill to the Texas Water Rights Commission, which shall in turn file Its recommenda- tion as to such bill with the Governor, Lieutenant Governor, and Speaker of the House of Representatives within thirty days from date notice was received by the Texas Water Rights Commission. It is, therefore, our opinion that Senate Bill No. 129 If enancted, would be in violation of the constitutional prohlbitlons contained in Section 59(d) of Article XVI, of the Constitution of Texas. Attorney Qeneral Opinion M-59 (1967). SUMMARY Senate Bill No. 129, relating to the powers of the Red River Authority, if enacted, would be in violation of Section 59(d) of Article XVI of the Texas Constitution, as the notices provided for in Section 59(d) of Article XVI were not given. A L ry truly yours, g-v Prepared by Vince Taylor Assistant Attorney General APPROVED: OPINION COMMITTEE Kerns Taylor, Chairman George Kelton, Vice-Chairman John R. Grace Fisher A, Tyler Roland Allen Houghton Brownlee W. V. Geppert Staff Legal Assistant - 1747 -