Honorable Jaok Weoh
County Attorney
Carneioncounty
Brewnwille, Texas
har Sir8 Opinion Ru&6r O-2920
Be: Validity of a road dintriot
FhiOh inoIud66 a previously
or6at6dmroad dirtriat aad the
rffeot of maoh'oreatioa upon
the diEtriot aErlapp6d.
Ik hWU YOUr lOtt6r Of. %Wl6bOr 22, rEqU66tillg OUT opinion on the
question arising out of the following state of faotst
6Th6 C~666i66i~6r6' COU@ Of C6mrOn CoUnty, TOmE,
by authorltp of Art1016 7520, Rwissd civil Statute6 of
Texar, 1926, or6atEd CamEron County Road District #1
during the month of October, inoorporatiag ther6in th6
City Of &onY~EVillO and Eon16surrounding t6rritOrJr.
Based upon a petition 6ignQd by the rsquisite numb6r of
r68idEnf property t6xpaying voters of said distriot,
and aftsi the notiae nquired w law in Arti. 7626, a
hearing me had thereon on Hov6&6r 6, 1940, under &ti-
ale 7620; and the Comrmisaionara~Court than ord6rEd a
bond eleotion for D606mb6+ 7, 1840, of )266,00% Upon
said i%mmber 6, 1940, a group of oltirenr appeared bfor6
the Cmmis6iomrs1 Court of this County and requested that
a 66oond distfiot, to be called Cameron County Road Dis-
triot "A6 be created, whioh said M&riot muld include
all of Road District One and mm6 additional territory to
the U6estthereof, and, upon the petition of the requi6ite
number of resident propsrty taxpaying voters, an Orgrw68-6n-
tared for a hearing to datetine whether or not a bond eleo-
tion in said Road District "4" should be held. The propon-
ents of Road District "46 agree that if the bond election
of Road Diatriot One, on December 7, carries, the said Road
District "11"should be oanoelled and nothing further done
thersrith.. Ebwever, if t# qaid bond elsation of Road Dis-
tri&,Q, f64l.18to carry, the propDnent8 of said Road Die-
triot1&*hop6 to be able to carry their said election.
proponsnts of each district hop6 that whichever bond eleo-
tion carries, the State Highway Department will designate
Honorable Jaok Rieoh, page #2 (o-2920)
the proposed road as a State Highuay and that the bonds
issued thereunder will partioipate under the one cent
gasoline tax of Rousa Bill 688, 46th Legislature, Regu-
lar Session, Chapter 3, page 682, 80 that the bonds of
either.distriot must have b&n voted and issued by Jan-
uary 1, 1943; henos, timb'is bf the dse.enc~~~
The legal question arising from th.aforegoing and upon which our
opinion is requested Isa
"Whether a road distriot within a county may be
created which includes a previously created road dis-
trict, and particularly ðer the creation of said
two districts, as hereinabove set out, would invali-
date the bond issue of either,"
Assuning for the purposes of this opinion that the steps taken
in the oreation of '~ Road District NurmberOne above mentioned, mre
legally and properly oarried out, it must be conoeded that Road Dis-
trictL Number One was legally and validly established.
Artiola '75200 reads, in part, a8 followsr
"But exoept as herein specifically permitted no
frao$ional part of a previously created road distriot
‘shallbe included within the limit of the road dis-
trict created under the provisions of this Aot, e e .".
In our opinion this artiale precludes the creation of-Road District
"A" mentioned in your lettsrr Further, it is our opinion that the crea-
$ipn of Road District "A" oan in nowise affect the validity of Road Dis-
triot One, inasmuch as-Road District Kumber (he was previously created,
The prohibition aontained in Article 7620~ is against the subsequent
cmation of a road district, the territory of which would overlapthat
of a road district previously created, and oan, therefore, have no ef-
fect on such previously oreated district.
The exception mentioned in the above quoted article has refersnce to
the compensation bond statutes, Artioles 767d, et seq., and Is not perti-
nent to the situation in the instant matter.
The pro-ceedingshad in connection withtha crsaticn of Road Distriot
"A" being prohibited by law, mu think void ab initio, and you are 60 ad-
vised.
Trusting that the foregoing satisfactorily answer8 your inquiry, we fire
Very truly yours,
ATTORl?EYGEXERALO~TEXM
APPROVED DEC 20, 1940
Grover Sellers By's/ Clareme E. Crow0
FIRST ASSISTXNT hTTOH?FX GENFNU Clarence E. Crow0
CEC-sgegw Assistant