AxlsTxN 11. TEXAS Overruled by M-758
Where Conflicts
March 29, 1951
Eolx. M* c. Iedbstter Opinlan Ro. V-1162
County Attoruey
CochPan county Re¶ Authority of the cm-
Morton, Texas miasitmera' COuPt to
lease a portion of the
land comprising cochrau
county Airport to a
local roping aud polo
Dear Sire association.
Your request for an opinion reads In part as
follolis:
'The Commtssioners" Court of Cochmm
County, under the provisions of Article
1269h of the Revised Civil Statutes, Acts
1941, purchased the followlug described
laud for the establishment, maintehance,
and operation of a County Air Port:
"All of Labor Rumber 23, Lsague Rum-
lmr 103, Jeff Davis County School Lands,
h Cochran Couutg, Texas.
"The air port was constructed and
singe such time has been in operation and
use'bs a public air port, maintained by.
cocm county a As In most cases of pub-
lic air ports the entire labor of land
purchased for this purpose Is not neces-
aary for tins operation of the same. This
being ths case, ths Cchmlsslonerse Court de-
aires to lease or permit the use of a por-
tion of said land, being appmxfmatelg 360
feet by 150 feet, riear a corner of said
$F;t to a local roping and polo asaooia-
The Associatlou proposes to We
this'plot of land for the purpose of erect-
ing pens, an arena, au& light poles, and
equipping the same far rodeo purposes. The
Association will finance the cost of cou-
structiou of this rodeo areha ahd other
necessary imps-ovements in question thsPe=
with, and said improvements will mpernein
Ron. Ma Co Ledbetter, page 2 (V-1.162)
the property of the Association. It is
anticipated that admissicn charges will
be collected by the Association to defray
the expenses of the rodeos and other en-
tertainments conducted by it o
“The question submitted~ involves the
authority of the Commissionerse Court un-
der Article 1269h - D & E as amended by
the Fiftieth Legislature of 1947 to permit
the use of this land acquired for air port
purposes, and now being ured as such, for
the purposes of staging rodeos by an Asso-
ciation and admission fees to be charged
by said Associat.ion,”
The decisions of the Texas courts have repeat-
edly held that the commissioners” court is a court of
limited jurisdiction and has only such powers as are con-
ferred upon it, either by express terms or by necessary
implication, by the statutes and Constitution of this
State. Childress Count v, St&, 127 Tex, 343, 92 S,W.
2d 1011 1935 V Rose*Fy;Hb’;;;t;t ;~;IS.;805;8W,
(Tex.Civ!App.)iglE errcr rLL’&
289 (Tex,Civ.App. 1925) ; $.rt v 2351, V,C.S.; Ii. Tex. ;I&.
632, Counties, Set, 95.
The only authority for the commissicnersR
court of a county of this State to lease or sel.1 land
acquired by the county for the purpose of maintaining
and operating an airpcrt is contained in subdivisions D
and E of Section 1, P.rticIe 1259h, V,C.S., as amended by
House Bill 688, Acts 50th Le,ri,, 1947, ch. 273, pa 473,
which provide%
“D. In addition to the power herein
granted the Ccmmissioners Courts of the
several counties of this State are hereby
authorized to lease an:: airport.~ that has
been or may be acquired by t,he county, as
herein provided, to any incorporated city
or municipality within such county, or to
the Federal Government, or to any other
person, firm or corporation for the purpose
of maintaining and operat,ing an airport;
and providing further that any incorporated
city having acquired lrn4 for an airport,
or an airport, under tbc authority of this
Act shall hove the ri,?hL, to l~ease said land
or airport :;G the cccnty in which such in-
corporated city ia locztcd,.,
Hon. M. C. Ledbetter, page 3 (v-1152)
“E. In addition to the power which
It m3y now have, the Commissioners Court
of any county or the governing body of any
incorporated city in this State, shall have
the power to sell., convey or lease all or
part of any airport or property connected
therewith, heretofore established or that
may be hereafter established: also any land
which has been or may be acquired under the
provisions of this Act, to the United States
of America for any purpose necessary for
National Defense, or for air mall purposes
or any other public purpose; or to the State
of Texas or any branch of the State Govern-
ment which may be authorized to own or oper-
ate airports, and to any person, firm or
corporation. The Commissioners Court and
governing body of any Incorporated ci%y
shall promulgate rul.es and regulations for
the use of any such airports.
A,lthough subdivision E does not expres.sly state
that a sale or leaze of a portion of airport property to
a person, firm, or corpnration must be for some purpose
connected with the maintenance and operation of an air-
port, we think th1.s restriction Is necescarily implied.
The last sentonco ot’ this subdivisin, which states that
“the Commissioners Court and governing body of any in-
corporated city shall promulgate rules and regulations
for the use of any such airports,” shcws that the proper-
ty is still to be used as an airport after its sa1.e or
lease. Sales or lcaeee to the United States are restrlct-
ed to “any purpose neccnsary for National Defel;fse, or for
air mail purposes cr any other public purpose0 We think
this language contemplates uses by the Federal Government
which are connnected with the maintenance of airport fa-
‘cilities. Likewise, the provision for sale or lease to
the State of Texas or any branch of the State Government
“which may be authorized. to own or operate airports“ in-
dicates that the property shall continue to be used for
airport purposes. It might be contended that the omis-
sion of. words of restriction in regard to a sale or lease
to a psrson, firm, or corporation negates an intention on
the part of the Legislature to Impose any limitation on
the uses to which the property was to be put. However,
In the light of its other provisions and the legislative
history of this statute, we think It is more reasonable
to conclude that the Legislature Intended to impose simi-
lar restrictions on the uses to be made of the property
by Individuals, firms , and corljorations e
Hon. I& C. Ledbetter, page 4 (V-1162)
Prior to 1947, this statute authorlzed cities,
but not counties, to sell or lease all or any portion of
their airports to the Federal Government, to the State
Government, or to a person, firm, or corporation for cer-
tain purposes which, we think, were clearly ix&tended to
relate to the maintenance and operation of an airport.
Thr, purpose of the 194: amendment, as stated In the cap-
tion and as borne out by the emergency clause, was to
authorize commlss,ioners~ courts to lease or sell alr-
ports to any persN, f"Mzi, or corporation. There was
30 intention to change the provIsiona of the existing
law with respect to the power of cities to sell or lease
to-individuals, firms, or corporations, so as to remove
the restriction that the property continue to be de-
voted to some use connected with the operation of an
airport. The purpose of the amendment was merely to
place cou&ties in the same status as cities in regard
to their pcwer to sell or lease airport property.
It Is our ccncl~usion that the commissioners'
court Is ai:!tho?fzed ~to Ieti,se land acquired for airport
purposes on3y for 8oine use which is connected with the
maintenance anti nper;l tl on ,of 3'n airport jl Therefore, we
are of the opinion ihb.T the Cormnissioners~ Court of
Co&ran County ctini~irr.i.ea,se a~ portion of the Land com-
prising the Cochlrsn County Ailzport to a roping and polo
association f oI* i*cdao purposes a
The eomnlssSoneiPsi court cannot lease
a po&.fon oft land comprLsing the county air-
port to a roping and polo association for
rode0 purposes o Art,. .t269h, Sub&. D and E,
yis.,; ~;l~oug$y& Stated 127 Tex.
APPROVED% Yours very truly,
J. C. Davis, Jr* PRIC'EDANIEL
CoLlntg Affairs Dkvision Attorney General
Jesse Pa Luiuton, Jr,
Revlewlng AEisista~t ?,,.J & -:,
By ;:a
,~-'zl':
Charles D, Mathews ,::" John Reeves
First Assistant Assistant
JRSmw