Untitled Texas Attorney General Opinion ( 1962 )

: _. J
EA ORNEY GENERAL
OF TEXAS
AUSTIN %&TEXAS
March 13,'1962
Honorable Bill A. Martin
County Attorney Opinion No. WW-1279
Newton, Texas
ore: Whether Newton CoU?-hY
Water District of Newton
County, Texas, can transfer
Its personal property and
also its real property
with a building thereon,
to Newton County without
Dear Sir: a public sale.
In your recent letter you request our opinion
on whether Newton County Water Supply District of Newton
County, Texas, can transfer Its personal property and also
Its real property with a building thereon to Newton County
without a public sale.
A summary of the relevant facts show that the
Newton County Water Supply District of Newton County has
been abolished as of 1961, under the provisions of Article
7880-147~1, Vernon's Civil Statutes. Further that the
District collects its taxes through the county and Is in
the process of paying off its indebtedness with those
taxes. .$750,000.00bonds have been Issued and moat are
still outstanding. The District desires to transfer
personal and real property to the County, speclflcally a
building and lot with the furniture and fixtures.
The Newton County Water Su ply District was
created by virtue of Article 8280-17f Vernon's Civil
Statutes. Section 3(a) of that Article provides:
0 . . .the district shall have and
exercise, and is hereby vested with, all
of the rights, powers, privileges, author-
ity and duties conferred and Imposed by
the General Laws of this State now in force
or hereafter enacted, applicable to water
control and improvement districts created.
under the authority of Section 59, Article
XVI of the Texas Constitution . . .'
Honorable Bill A. Martin, page 2 (WW-1279)
In Newton Count??Water SUDDEN District v. Bean,
320 S.W.2d 158 (Clv.App. 1959 error ref. n.r.e.) the
Board of Directors were required to hold an election to
determine whether the district should be abolished.
In Weaver v. Newton County Water SUDD~Y District,
346 S.W.2d 156 (CiviApp. 1961 error vf. n.r.e.) the
election abolishing the District was upheld.
The District was abolished under Article 7880-
'147~1, Vernon's Civil Statutes, providing:
"All water control and Improvement
districts organized or operating under the
provisions of Chapter 25 of the General
Laws passed by the 39th Legislature at its
Regular Session, as amended, situated entirely
within counties having a po ulation of less
than eleven thousand(11,OOOP according to
the last preceding United States census,
may be abolished by a majority vote of the
taxpaying qualified voters residing in
such district at an election held for the
purpose of determining whether or not suc,h
district shall be abolished. In the event
any such district shall have outstanding
bonds or other indebtedness maturing beyond
the current year In which such abolition
occurs, the Commissioners Court of the
county in which such district is situated
shall levy and cause to be collected as
county taxes are assessed and collected
sufficient taxes on all taxable property
within such district to pay the principal
and Interest on such bonds and other
indebtedness when due."
Article 7880-147~5, Vernon's Civil Statutes,
states:
"If the majority of those voting at such
election vote In favor of abolishing such
district, the said district shall be abolished
. _.. .
Honorable Bill A. Martin, page 3 (WW-1279)~
and the ,same after such election shall
have no further authority extent that any
debts incurred:shall,be Dald, and the
organization shall be maintained until
all.suah debts are paid. . . .'
(EmDhas'X's
added) ,j
Wat'ercontrol and Improvement districts are
governmental agencies~and as such may exercise only such
powers as have expressly been delegated to It by the
Legislature, or which exist by clear and unquestioned
implication. Tri-City Fresh Water SUDD~Y Dist. No. 2
of Harris Counts v. Mann. Att. Gen. 135 Tex. 280, 142
S.W.2d 945 (1940), and Attorney General's Opinion
WW-473 (1958).
There is no statutory authority enabling the
Newton County Water Supply District to transfer property,
real or personal, to the county after its abolition. Nor
Is there any 1;plicatlon of such authority. Article 7880-
147~5 states; . . .no further authority except that debts
incurred shall be paid . . ." and this would seem to be
a prohibition upon any activity besides paying the debts.
It is therefore the opinion of this office that the
Newton County Water Control District by virtue of Article
7880-147~5, Vernon's Civil Statutes, Is without authority
to do anything but see that the debts of the said district
are paid.
SUMMARY
The abolished Newton County Water Supply
District is without statutory authority
by virtue of Article 7880-147~5, Vernon's
Civil Statutes, to do anything besides
see that the debts of the said district
are paid, and may not therefore transfer
to Newton County real and/or personal
property of the said District.
Honorable Bill A. Martin, page 4 (WW-1279)
Very truly yours,
WILL WILSON
Attorney General of Texas
JHH:kkc By John H. Hofmann
Assistant
APPROVED:
OPINION COMMITTEE
W. V. Geppert, Chairman
Linward Shivers
Elmer McVey
Virgil Pulliam
Robert Lewis
REVIEWED FOR THE ATTORNEY GENERAL
BY: Houghton Brownlee, Jr.