Untitled Texas Attorney General Opinion ( 1946 )

Hon. G. C. Jackson Opinion No. O-7400
County Attorney Re: Liability of territory added
Zavala County to water improvement district for
Crystal City, Texas bonded indebtedness
Dear Sir:
We have received your letter of October 15, 1946,
which we quote in part as follows:
“We have an irrigation district here, created in 1925.
“It voted a bond issue of about $307,000*00, which
has now been paid down to approximately $115,000,00,
“The district contemplates the erection of an additional
dam in the Nueces River, above its present reservoir,
for additional storage.
“If this be done, it is desired to take in some three
thousand additional acres ~above the proposed new dam
and if this be done an ,additional bond issue of some
$120 000.00 will be required. Question: If this
addiiional three thousand acres be added to the
district, will they become liable on the old bond
issue, or will they be liable only on the new bond
issue?”
We have checked,the records in the office of the COB@
troller of Public Accounts and have reached the conclusion that
by “irrigation” district you refer to a water improvement dis-
trict, for the Zavala-Dimmit Counties Water Improvement Dfs-
trict Number One is the only Zavala County district which we
have been able to find. This opinion is written on the assump-
tion, therefore, that a water improvement district is the type
of district to which you have reference.
In 1941 the 47th Legislature passed a bill dealing with
the annexation of territory to a water improvement district (,Ar-
title 7622b V.A.C.S.; Acts, 1941, 47th Leg., Ch. 403, p* 661.).
Section 1 o hI the act provides for the presentation of a petition;
Hon. G. C. Jackson, page 2
Section 2 provides for a hearing on the petition; Section 3
provides for an election if at the hearing it is determined
that the addition would be to the advantage of the district
and to the territory to be added.
The act provides that a separate election shall be
held within the boundaries of the district and a separate
election within the territory to be added. It further pro-
vides that if the district has outstanding debts, the propo-
sition for assumption of its proportion of the debts shall
be voted upon and that the ballot for each of the elections
shall have printed thereon, “For addition to water improve-
ment district and assumption of proportionate part of out-
standing debts and taxes,” and “Against addition to water
improvement district and assumption of proportionate part of
outstanding debts and taxes.”
Section 4 of the act provides as follows:
“Sec. 4. In water improvement districts organized
and operating under the provisions of Section 52 of
Art :icle 3 of the Constitution, two-thirds majority
vote of the qualified voters voting at each of said
elections shall be required for ratification of the an-
nexation of the proposed territory.
“In water improvement districts organized under
the provisions of Section 59 of Article 16 of the Con-
stitution or in such districts organized under the pro-
visions oh Section 52 of Article 3 of the Constitution
that have since accepted the provisions of Section 59 of
Article 16 of the Constitution in the manner provided
by law, a majority vote of the qualified voters voting
at each of said elections shall be required for ratifi-
cation of the annexation of the proposed territory.
“Upon a favorable vote in each separate election
as above provided, such territory shall be and become
an integral part of such district as of the date of
such elections, and be from such date subject to all
laws governing such district, and shall bear its pro
rata part of all indebtedness or taxes that may be owed,
contracted, or authorized by said district to which it
shall have been added.”
Thus, it is clear that under this statute if a dis-
trict has outstanding indebtedness, the proposition to be voted
on includes not only the addition of the territory but the as-
sumption of the indebtedness. If each of the elections is
.
Hon. G. Co Jackson, page 3
favorable, then not only is the territory added but also the
proportionate part of the indebtedness is assumed. It is
noted from the records before us that the Zavala-Dim&t Water
Improvement District Number One is a district organized, cre-
ated, and existing under Section 52 of Article III, Constitu-
tion of Texas. Therefore, a two-thirds majority vote would
be required in each eleation for the ratification of the an-
nexation of the territory.
Your question is answered as follows: Under the
terms of Article 7622b, if a,water improvement district has
outstanding indebtedness the proposition to be voted on in-
cludes not only the annexation but also the assumption of
indebtedness. It follows that if the election results favor-
ably for the annexation, as outlined in the act, then both
the annexed portion and the territory within the boundaries
of the original district assume their proportionate part of
the indebtedness.
Section 6 of Article 7622b provides that it is a
cumulative act, Your attention is directed to the provisions
of Article 7649, which reads as follows:
"The owner or owners of the fee to lands in the
same vicinity of, but not necessarily contiguous to,
any District heretofore or hereafter created under
this ,Act, may file with the Board of Directors of said
District a petition in writing, praying that such laud
be included in such District. The petition shall de-
scribe the tract or body of land owned by the peti-
tioners by metes and bounds and upon the filing of such
petition with the Board of Directors, said Board of
Directors shall cause an accurate survey of the said
tract of land to be made and the boundaries thereof
marked upon the ground, and said tract of land may be
admitted as part of the District; provided it can be
irrigated without prejudice to the rights of any of
the lands originally contained therein to be first
furnished with an adequate supply of water, and when
said lands are so admitted they shall immediately be-
come subject to their proportionate share of any taxa-
tion OP bonded indebtedness that may have been created
against said District and subject to such reasonable
charge against such lands for the purpose of defraying
its part of the expenses of maintenance, operation or
other necessary expenses previously made as may be de-
termined by the Board of Directors."
.
Hon. G. C. Jackson, page 4
Under the terms of this article when lands are added
to the district as therein outlined, such lands immediately
become subject, to the outstanding indebtedness and no election
whatsoever is required. (See also Article 773$b, dealing
with land added to district organized or operating under Arti-
cle XVI, Section 59 of the Constitution of Texas.)
It is our opinion that a statute, which provides for
the addition of territory to a water improvement district and
the assumption of indebtedness without an election, raises
serious Constitutional questions. See Crabb v. Celeste Inde-
pendent School District, 146 S.W. 528. For that reason it is
strongly suggested that the addition of any territory be made
in accordance with the provisions of Article 7622b, rather than
Article 7649.
Very truly yours,
ATTORNEY
GENERAL
OF TEXAS
BY: /s/ George W. Sparks
George W. Sparks, ,Assistant
APPROVED NOV 1 1946
/s/ Grover.Seliers
ATTORNEY GENERAL OF TEXAS
APPROVED:OPINIONCOMMITTEE
BY: BWB, CHAIRMAN
GWS:V:WB