EL% EY'GENERAI.
AUSTIN. TEXAS 787
April 12, 1967
Honorable George Parkhouse Opinion No. M-59
Chairman, Water and
Conservation Committee Re: Whether the Attorney
Texas Senate General could approve
Austin, Texas bonds supported by the
fifteen cents per one
hundred dollar valuation,
should S.B. No. 419 with
the amendment be passed
Dear Senator Parkhouse: by the Texas Legislature.
In your recent opinion request you have set forth the
following facts:
1. Senate Bill 419, which is currently
before the Texas Legislature, would amend Article
8280-188, V.C.S., to allow the Trinity River AU-
thority to adopt navigational powers permitted by
Title 128 of Vernon's Civil Statutes.
2. An amendment to Senate Bill 419 has been
proposed which would increase the maximum tax
which could be levied by the Trinity River Au-
thority to fifteen cents per one hundred dollar
valuation.
3. Notice of intent to introduce Senate Bill
419 or the proposed amendment to this bill has not
been published or delivered in accordance with the
provisions of Article 16, Section 59(d) of the
Texas Constitution.
you then ask whether the Attorney General could approve
bonds supported by the increased tax should Senate Bill 419
with the proposed amendment be passed by the Texas Legis-
lature.
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.,
Honorable George Parkhouse, page 2 (M-59)
The Trinity River Authority was created by the Texas
Legislature in Article 8280-188, V.C.S., pursuant to Article
16, Section 59, Texas Constitution which provides in sub-
section (d):
"No law creatinq a conservation and reclamation
district shall be passed unless notice of the inten-
tion to introduce such a bill settinq forth the
qeneral substance of the contemplated law shall have
been published at least thirty (30) davs and not more
than ninety (90) days prior to the introduction
thereof in a newspaper or newspapers havinq qeneral
circulation in the countv or counties in which said
district or anv part thereof is or will be located
and bv deliverins a COPY of such notice and such
bill to the Governor who shall submit such notice
and bill to the Texas Water Commission, or its
successor, which shall file its recommendation as
to such bill with the Governor, Lieutenant Governor
and Speaker of the House of Representatives within
thirty (30) days from date notice was received by
the Texas Water Commission. Such notice and cow of
of bill shall also be qiven of the introduction of
any bill amendinq a law creatinq or qoverninq a
particular conservation and reclamation district
if such bill (1) adds additional land to the dis-
trict, (2) alters the taxinq authority of the dis-
trict, (3) alters the authority of the district with
respect to the issuance of bonds, or (4) alters the
qualifications or terms of office of the members of
the governing body of the district." (Emphasis added.)
The proposed amendment to Senate Bill 419 would alter the
taxing authority of the Trinity River Authority. Since under
the submitted facts the notice required by Article 16, Section
59(d) of the Constitution has not been published or delivered,
the proposed amendment to Senate Bill 419 would be unconstitu-
tional. Therefore, the tax authorized by the amendment would
be unconstitutional, and you are advised that the Attorney
General could not approve bonds supported by such a tax.
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. .- .
Honorable George Parkhouse, page 3 (M-59)
SUMMARY
The Attorney General could not approve
bonds supported by a tax which would be un-
constitutional under the submitted facts.
Yo 8 very truly,
/9
A
Prepared by John W. Fainter, Jr.
Assistant Attorney General
APPROVED:
OPINION CONMITTRE:
Hawthorne Phillips, Chairman
W. V. Geppert, Co-Chairman
John Reeves
Robert Flowers
Roger Tyler
Lewis Berry
STAPF LEGAL ASSISTANT
A. J. Carubbi. Jr.
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