Untitled Texas Attorney General Opinion ( 1958 )

Honorable R. M. Dixon Opinion No. WW-473
Board of Water Engineers
1410 Lavaca Street Re: May an existing Water
Austin, Texas Control and Improve-
ment District change
its name, and related
'Dear Mr. Dixon: questions.
Your letter of June 18, 1958, requests our opinion
on.,the,following:
:,%
"1. Does Art. 7880-16 authorize an existing
Water Control and Improvement District
to change its name to a name more de-
scriptive of the locale and principal
powers to be exercised so long as the
word "district" appears in the new
name?
"2 e If the answer to Question No. 1 is in the
affirmative, does the Board of Water En-
gineers have tine authority to approve an
application for such name change?
"3. If the answer to Question No. 2 is in the
affirmative, may the Board of Water En-
gineers at its discretion establish the
procedure and fees to be paid by the ap-
plicant?
"4. If the answer to Question No. 2 is negative,
what action is necessary to change the name
of an existing district?*
Honorable .R. M. Dixon, page 2 (WW-473)
Article 7880-11, V.C.S. requires that the petition
for the organization of a water control and improvement dis-
trict "shall designate the name of the district." Article
7880-16 prescribes the name which may be given such a dis-
trict.
There is no statute which either expressly or by
implication authorizes the change of name of an existing dis-
trict. The district may exercise only such powers as have
been expressly delegated to it by the Legislature, or which
exist by clear and unquestioned implication. Tri-City Fresh
Water Supply Dist. No. 2 of Harris CoUnty v. Mann, Atty. Gen.,
135 Tex. 280, 142 S.W.2d 945 (1940).
Your first question is answered: No. Consequently,
no answers to questions 2 and 3 are necessary. Your fourth
question is answered: There is no authority for the change
of name of an existing district.
SUMMARY
There is no authorization for an
existing Water Control and Im-
provement District to change its
name,
Very truly yours,
WILL WILSON
APPROVED;
OPINION COMMITTEE
J. C. Davis, Jr., Chairman Assistant
Marietta McGregor Payne
Tom I. McFarling
Jack Goodman
Henry G. Braswell
REVIEWED FOR THE ATTORNEY GENERAL
By: W. V. Geppert