.J.
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I
OFFICE OF ‘THE ATTORNEY GENERAL OF TEXAS
AUSTIN
January 10, 1939
IIon. E.. S. Foreman
county Auditor, Jefferson County
Seaumont , Texas
Deer sir:
related they zi.11 be discussed together.
The procedure fo$ the establishment of a Yre sh “later
:-Upply District his contained in Chapter 4, Title 128, Articles
7331 to 7399 inclusive, Vernon’s Revised Civil Statutes of Texas,
1925. The articles which pert,cin to the questi.ons under considera-
tion are Articles 7833 and 7899, which I quote as follw~s:
Art. 7883. Deposit
“The petition shall be accompanied by ,a deposit of one
hundred dollars, which shall be paid to the county clerk who
shall pay same out upon vouchers apprtovcd by the county judge,
for all’ expenses incident to the ‘hearing and the election
for the crc:ltion~ of the district, returning any excess to
rr. E. S. Foreman, January 10, 1339, Ta<:e 2
the petitioners of their attorneys.”
Art. 7899 .~ Organization expenses
“The supervisors are authorized to pay all necessary
costs and expenses necessarily incurred in the creation and
organization of any district, and to reimburse any person,
corporation or association for money advanced for such pur-
poses. Such payment shall be made from money obtained from
the Salem of bonds.”
it w as not the intention of the Legislature
that the o%%~~;ion expenses be paid out of County fu,nds for if 1
it had been=such , Article 7883 would have provided for the ret,urn
to the county of any excess monies advanced for that purpose, as
Fell as to the ptitioner. Article 7899 sets out in particular who
should be reixnbursed, and counties are not mentioned, and the
exclusion of which indicates that the Legislature did not con-
template such payment by counties. There is no authority con-
tained in the statutes for the payment of such expenses by a
county, or the lending of county funds for,such purpose.
’ It is the”opinion of this department that any expending
of county funds for the purpose of organizing, a Fresh Water Dis-
trict or the lending of county funds for such purpose, would be
contrary to the provisions of Section 52, Article 3 of the Con-
stitution of Texas, which I quote in part:
“Section 52. The Legislature shall have no power to
authorize any county, city, town or other political corpora-
tion or subdivision of the State t.0 lend itscredit or to
grant public money or thing of vatue (value) in aid of, or
to.any individual, association, or corporation fwhatsoever,
or to become a stockholder in such corporation, association
or company : . . . . . . . . . . ”
The care of ITill ~County vs. %yant and FWfman (Civ. App.) 264
2 . xi. 520, at page 522; cited Article 3, Section 52 of the Con-
stitution of Texes, saying; “The County has no right to lend its
funds or credit:‘.
The facts as stated in yourletter do not bring a Fresh
Yater District within the exception contained in the aforesaid
L.rticle of the Constitution, which is not quoted. k Yresh :‘:ater
District of the type under discussion is a municicai corporation
end is governed by laws relating to that class of corporations.
2311 vs. Kerriman (Civ. App.) 245 S. W. 1012. This type of cor-
poration is incl:lded in the above-quoted constitutional provision
r:hcrein it says, “. . . . . . . , . .any indiv~idual, associati,on or cor-
i’oration whatsoever ,” and therefore a loon or donation to same
Wuld be prohibited by the Constitution of Texts.
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II
B’r. 3. S. Foreman, January 10, 1939, Page 3
i
Since a county has no authority to lend money for,
or to donate money for, the orgniznti?n of a Fresh Xater
District, it follows that it has no authority to Set aside money
i
, in Its budget, or otherwise, for such purpose.
Yours very,truly
ATTOR"PY GEXERAL CF TEXAS
,A -7 n
Assistant
JLN:GO
AFTROVED:
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