Mr. Claude A.~Wll.l.iams
~Aesi6tant Secretary of State
Austin, Texas
Dear sir:
:
opinion No. O-605
..,-,. , .:,,.) .Re: lJn&+~what statutes is the
.>!'...~ S&et&y of State authorized
to eanction.the creation of
two~aoll and.water conservation
associations described?
Iq authorized, what filing fee
_ I _ .: .~~' I~ : ~should be:cbwged and would the
,. I ./ _ ., .,. ~.,
. _. ., ~. aeaoc~iatlolls.be~exempt~fro~
~-. _ ,:: paymnt~of~franch~se taxes?
Your request for an opinion on the above stated questions
has be& received by this office.
Article ,3 of,each,+opoaed articles of.fncorporatfon
of the Upper Brady Creek Sdl and Water Conservation +3sociation
add The Warlupe Soil and Water Codsemtion~Association indicate
that it IS the desire of the incorporators to incorporate under
the provlsl&s of the Cooperative Marketing Act. Title 93, Arti-
cle 5737-5764, inclqaive.
Article 5740, Revised Civil Statutes, reds a8 fo~oW.6:
"An association may be organized to engage in
any activity ip comec$ionwith the marketing 01‘
selling of the agricultural products of It6 mem-
bere, or with,the harvesting, preserving, wing,
processing, canning, packing, storing, ha@ling,
shipping, or utilization thereof, or the manufac- ,~ ~.
turtig or marketing of the by-product6 thereof; or
.ln connectioq with the manufacturing, se&ling or
supplying to its embers of machinery, equipment
or supplies; or .in-the-finaz?dng of the above em-.
merated activities; or & any one or.mre of the
activities specifie& herein. Provided, however,
any'such activity may extend to non-members a+
their products limit& by Article 5738 a6 hereto-
fore ~amended."
Mr, Claude A. Williams, April 19, 1939, Page 2 (0495)
Article 2 of the proposed articles of incorporation of
each of the above mentioned associations are identical except the
names of the assoclatlons and read es follows:
“The purposes for which the Warlupe Soil and
Watcrshed~ Association, Is organized, Is to engage In
the conse.rvation of soil and the storage of water,
and the prevention of dlstructive floods. To con-
struct tanks, reservoirs, lakes, ponds, and to en-
gage any and all activities that will assist and
further the district in the accomplishment, of
soil building, water conservation, aud.flodd con-
trol, and to aacomplish these purposes to work co-
operatively~ot~r-conse~atlaq districts agencies, .’
Countlee ana authorities arid powers enpaged ip ~,
similar .practices.*
We do not thl+ that any of the purposes outlined in
,the purpose clauses of these two proposed associations authorize
the creation and, incorporation of these assoclatlous under ,the,
Cooperative Marketing Act., (Ch. 8, Title 93, Il. C. 6.)
Article l.302, Revised Civil Statutes, sets fourth and,
specifies the purposes for which private corporations, may, be formed
or created, however, this statute &es not provide for the creation
or formation of.~a corporation for the purposes as set forth in the
purpose clauses of the above mentioned proposed corporations.
After a careful search of the statutes, we have been
u+ble to find any statutory provision authorizing associations
with the purposes expressed by these two assoqiations to be ln-
corporated.
You are respectfully advised that It is the opinion of
this Department that the statutesof this state do not authorize
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submitted with your Inquiry.
Trusting that the foregoing answers your inquiry, we
remain
Very truly yours
APPROVR6 ATMRVEY- QF:TEX&S
/s/ W. F. Moore By /s/ Ardell Wllllazm
FIRSI ASSISTAKP Ardell Williams
AT!mmEY- OF TEXAS Assistant
AW:AW:IN ,.,