65
OFFICE OFTHE ATTORNEYQENERAL OF TEXAS
AUSTIN
66
Honorable Clyde Barton, Parge2
"The Comtnaioners Court in aountlss
havipg a opuhtlon of more than three hundred
thousand s300,000) and less than three hundred
and fifty thousand (350,000)InhabitantsIn
8coord~oo vith the last precedingFsdsral
Connun, and la countlos having a population
of more than forty-eightthousand,five bun-
dred (48,500)and lens than forty-ninethousand
(49,000) Inhabitants,aud In aounties having a
populationof not less than tventy-tvothousand
mad eighty-nine(22,089)nor more than twonty-
two thousand,on. hundred (22,100) Inhabitants,
and In aountles having a population of more
than SIX thousand, one hundred (6,100) and leas
than nlxthou8and, onahundredand eighty
(6,180) InhabitantsIn aocordancre with the last
preoedlng Federal Cenmu~, shall have the au-
thority to purohase fire tmsks and other flre-
fighting equipmnt by first advertisingand
reaeiving bids thereon as provided by lav, to
be used for the protsatlon and pmservatlon
of bridges, aounty shops, oouaty varehouses,
and other propertylocated vithout the lImit8
of any inaorporatedoity or towi."
tilnklerCounty has a population of six thousaad,one
hundred and forty-one (6,141) inhabitantsa~comlIng to the 1940
Federal Census. Therefore,Wlnkler County 00168 vIthIn the last
population bracket mentioned In the above quoted statute;
seation 56 of Artlale 3 of the State Constitutionpro-
vides In part:
"The Legislature shall not, exaspt as
othervIse provided in this Constltutlon,pass
any local or special lav, authorlrrlngt
"Regulatingthe aff’airs of Gouutlss, Qitles,
tovns, wards or sahool districts; l * l."
This departlnenthas heretofore construed~llp statutes
Involving certain population braakets rlmllar to the one oonslder-
ed here, most of these, were strtutes attempting to regulate the
affairs of the various aountles croml.ng
vithti a aertain designated
populationbracket and were held to be SpeaIal or looal laws regU-
lating the affairs of the various aountles and, therefore,umon-
rtltutionaland void.
.~,
~'1
Ronorable Clyde Barton, Page 3
In view of the holdimg of the Supreme Court In the
ease of Miller v. El Paso County (not yet reported),and the
authorities cited therein, it is our opinion that the above
mentioned_statute?
_ it applies to Winkler County is a local
en._
or special lav attempt- to regulate the affairs of the ooun-
ty and is unconetltutIoriaLand therefore void.
Therefore, the questions presented in your inquiry
beaome moot.
Trusting that the foregoing fully anavers your Inquiry,
vd are
IL941 Yours very truly
ATTORREY
m3lRRALOF TRxAs
&lAdsJeuk
BY
Ardell Williams
Assistant
AWaRS