Untitled Texas Attorney General Opinion

Court: Texas Attorney General Reports
Date filed: 1947-07-02
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Combined Opinion
Hon. PaulineR. Kibbe      OpinionNo. V-150
ZxecutiveSecretary
Good Xeighhbor
             Commission   Re: Legalityof segregationof Latin
Austin,Texas                  Americans,prohibitingtheir use
                              of a county swimmingpool.
Dear PIadam:

         Your requestfor our opinionupon the above subjectmatter
is as follows:

         'liI"ne
              Good NeighborCommissionis in receiptof com-
    plaintsagainstthe arbitrarysegregationof Latin Ameri-
    cans in Port Stockton,Pecos County,Texas,particularly
    in the county owned and operatedswimmingpool.

         "1 am enclosin*y
                        herewithphotostaticcopy of the
    lease enteredinto betweenPecos CountyWater Improvement
    DistrictNo. 1 and Pecos County on April 11, 19hh, as well
    as photostaticcopy of a Resolution,datedJuly 7, 19113,
    with regard,evidently,to a previoussimilarlease, dated
    March 6, 1939.

        "You will note that the ResolutionprohibitsLatin
    Americansfrom using the swimmingpool in question,and
    mentionsno reasonfor this segregation.

         '%Jerespectfullyrequestyour opinionas to the legal-
    ity of this Resolution."

         The photostaticcopy of the resolutionconnectedwith the
lease presentedby you, in subdivision1, declares:

         "That the propertyset out in said lease contract
    above referredto owned by said district,and partly by
    Pecos County,and being a stone bath house near the waters
    of ComancheChief and GovernmentSprings,and the water
    from said springsand