Untitled Texas Attorney General Opinion

* . March 7, 1966 Honorable Ward M. Markley Opinion Wo. c-632 County Attorney Jasper County Re: Under the facts stated, Jasper, Texas whether the Commissioners Court of Jasper County may form an airport district which would only include two precincts and related Dear Mr. Markley: questions. This is in response to your letter requesting an opinion on the above stated matter. We quote from your letter as follows: "Jasper County has a Jasper County Airport, which was built by a County wide bondselection. The bond election will be paid for this year. The Airport Committee has requested the Commis- sioner's Court to form an airport dfstrlct which would Include only two precincts of the County, in order that they may vote another bondselection for improvements. "Is there any way that the County of Jasper can legally transfer the Jasper County Airport into a newly created.airport district? Would the whole County have to vote to accomplish this? Could the Commissioner'sCourt make such a transfer? Or, could the Legislature?" The Municipal Alrports Act, Article 46d~-1 through 46d-22, Vernon's Civil Statutes, provid~esfor the acquisition, construction,maintenance, operation,and regulation by munici- palities of airports. The Act also provides for sale, lease, Andyother disposal of municipal owned airports. Section (d) of Article 46d-1 provides as follows: n. . . -3067- - . Hon. Ward M. Marklcy, page 2 (c-632) "(d) 'Municipality'means any count any incorporatedcity, village or town ---'+%h;: o State, 'Municipal' tii to a municl- means Pq&n~h~s~ added). pality as herein defined. "(e) 'Person'means any Individual,firm, partnership,corporation,company, association, joint stock association,or body oolitlc; and includes any trustee, re'ceiver,-assignee-or other similar representativethereof." Section,(a)of Article 46d -2, provides In part as follows: -"(a) Establishment,~Operatlon, Land Acqulsltlon. Every municipality 1s authorized out of any appropriationsor other moneys made available for such purposes, to plan, establish, develop, construct, enlarge, improve, maintain, wlp, operate, regulate, protect and polize air- ports and air navigation facllltiee, . . . Article 46d-3 provides In part as follows: "Except as may be limited by the terms and conditions of any grant, loan, or agreement pursuant to Section 12 of this Act, every munici- pality may by sale, lease or otherwise,dispose of any airport, air navigation facility or other orooerts, or oortion thereof or interest therein. acq&red~pursuant to this Act.' Such disposal by- sale, lease or otherwiseshall be In accordance with the laws of this State, or provisions of the Charter of the municipality,governing the dis- posit;on of other property of the municipality, . . . (Emphasisadded). Article 46d-9 provides in part as follows: "The cost of planning and acquiring, ea- tabllshlng,developing, constructing,enlarging, improving, or equipping an airport or air naviga- tion facility, or the site therefor, including buildings and other facilitiesIncidental to the operation thereof, and the acquisitionor elftnina- tlon of airport hazards, may be paid for wholly or partly from the proceeds of the sale of bonds of the municipality,as the governing bo$y of the municipality shall determine. . . . -3068- Hon. Ward M. Markley, page 3 (c-632) Article 1269h, Vernon's Civil Statutes,provides for the acquisition,sale and lease of tracts of land for airport purposes, by incorporatedcities and counties. Section l(A) of Article 1269h, provides as follows: "The governing body of any incorporated city in this State may receive through gift or dedication,and is hereby empowered to acquire, by purchase without condemnationor by purchase through condemnationproceedings,and thereafter maintain and operate as an airport, or lease, OP sell, to the Federal Government,tracts of land either within or without the corporate limits of such city and within the county in which such city is situated,and the CommissionersCourt of any county may likewise acquire, maintain and operate for like purpose tracts of land within the limits of the county." (Emphasisadded). Section E of Article 126gh, provides as follows: "In addition to the Dower which it may now have, the CommissionersCourt of any county, or the governing body of any incorporatedcity In this State, shall have the power to sell, convey or lease all or part of any airport or property connected therewith,heretofore establishedOP that may hereafterbe established:also any land which has been or may be acquired-underthe pro- visions of this Act to the United States of America for any purpose necessary for National Defense, or for air mail purposes or any other public purpose; or to the State of Texas or any branch of the State Government which may be authorized to own or operate airports, and to any persons firm or corporation. The CommissionersCourt and noverninn bodv of anv incorporatedcity shall prom&gate &lee and regula- tions for the use of any such airports.* (Emphasis added). Section 18(a) of Article 2351, Vernon's Civil Statutes, relating to the express powers and duties of the Commissioners Court, provides In part as follows: "The CommissionersCourt of each county of this State In additi t the powers already con- Perred on It by law,'& gmpowered In all cases where said county has heretofore acquired, or may hereafter acquire land for an airport through pur- chase or gift from any person OP source whatever -3069- Hon. Ward M. Markley, page 4 (C-632) including the Federal Government or any agency thereof, to lease said land and/or the facilities thereof, or any part thereof, to any person or corporationupon such terms as the Commissioners court shall deem advisable for airport purposes, or other purposes, provided any such lease is t I hlbited by tht terms of the grant to such %unty. . . ." (gmphasisaddtd). The Municipal Airports Act, quoted in part above, gives cities, towns, villages, and counties the power to plan, construct,maintain, and improve airports. In addition the Act gives the powtr to lease or sell such airports, and the power to have bond elections to improve previously acquired airports. Article 1269h, quoted in part above, gives the cities and counties powtr to rectlve, by gift or dtdication,tracts of land for use as airports. In addltlon, Article 1269h gives the power to take land by condemnationfor airport purposts, and also sptclfies to whom such airports may be leased or sold. Section 18(a) of Article 2351, quoted in part above, empowers the Commis- siontrs Court to lease an airport, or the facilities thereof, to specific entities upon such terms as the Commissionersdeem ad- visable. It Is a well establishedprinciple that the Commis- sioners Court can exercise only such authority as is conferred upon it by the Constitutionand statutes of this State. Von Rosenburg v. Lovett, 173 S.W. 508 (Tex.Civ.App.1915, errF ref ) Scaling v. Williams, 284 S.W. 310 (Tex.Civ.App.1926, no writ history), CommlsslbnersCourt of Madison County v. Wallace, 118 Tex. m, 15 S.W.2d 535 (1929). Since there is no constitutionalor statutoryprovlslon providing for airport districts or airport taxing districts In this State, it is our opinion that neither the qualified voters of the county, nor the CommissionersCourt can create an airport district and transfer, by lease or sale, a county owned airport to such a district. On the question of whether the Legislature could transfer the County Airport to a two precinct airport district, this offlce respectfullydeclines to answtr the question on the basis that it is prematurt--prematurebecause we do not have a specific act to study and form an opinion. SUMMARY Under present State law, a CommissionersCourt or qualified voters of a county may not create a -3070- . r Hon. Ward M. Markley, page 5 (c-632) precinct or multi-precinctAirport District and transfer a county owned airport to such a district. Very truly yours, WAGGONER CARR Attorney General By: JCMcC:mkh APPROVED: OPINION COUMITTEE W. V. Geppert, Chairman Pat Bailey Wade Anderson James Strock Ralph Rash APPROVED FOR THE ATTORNEY GEN?ZRAL By: T. B. Wright -3071-