. . 

The Attorney General of Texas 

December 27, 1979 

MARK WHITE 

Attorney General 

Honorable Knute L. Dietxe 

Criminal District Attorney 

Victoria County Courts Building 

Victoria, Texas 77901 

Opinion No. NW-115 

Re: Authority of a county to 

construct and maintain a sewage 

treatment plant 

Dear Mr. Dietxe: 

You have requested our opinion regardng the authority of Victoria 

County to operate and maintain a sewage treatment plant 

In 1963, the federal government conveyed to Victoria County 17.59 

acres of land containing, inter alia, a sewage treatment plant The grant 

was conditioned upon the county’s compliance, for a period of 20 years, with 

the following terms (1) to continuously use the property for public health 

purposes in accordance with the county’s grant application; (2) to alienate or 

encumber the land only with the permission of the Secretary of the 

Department of Health, Education and Welfare; and (3) to submit annual 

reports detailing the use of the property. Since 1963, the county has 

operated the sewage treatment plant, which serves both public and private 

residents of the county. 

Victoria County was authorized to enter into such an agreement by 

sections 19(a) and 19(b) of article 2351, V.T.C.S, which provide: 

19(a) The Commissioners Court of each county of 

this State, in addition to the powers already 

conferred upon it by law, is expressly authorized and 

empowered to contract with the United States 

Government, or with any agency thereof, and 

particularly with the Federal Works Administrator, 

the Housing and Home Finance Administrator, and/or 

the National Housing Administrator, or their 

successor or successors, for the acquisition of land, or 

interest in land, in such county, owned by the United 

States Government, or any agency thereof, and for 

the acquisition of any temporary housing on land 

which the United States Government, or any agency 

thereof, may own or control; and each such county in 

P. 364 
Honorable Knute L. Dietze - Page Two 04W-115) 

this State is authorized and empowered to acquire by purchase, gift 

or otherwise, any such land and any such housing from the United 

States Government, or any agency thered, and to own and operate 

such land and housing. 

(b) Each Commissioners Court in this State is authorized and 

empowered to adopt a resolution or order requesting the transfer to 

said county of any such land or housing, or interest therein, which 

the United States Government, or any agency thereof, is now, or 

may be hereafter, authorized to convey or transfer to such county, 

and each such county, through its Commissioners Court, is 

expressly authorized and empowered to bind itself to comply with 

any and all terms and condtions which the United States 

Government, or any agency thereof, may impose as a prerequisite 

to the transfer or conveyance of any of such land or housing, or 

either of them, or any interest therein; and any instrument or deed 

conveying to said county any such land or any such housing, or any 

interest therein, may contain any conditions and provisions, 

convenants and warranties which may be prescribed by the United 

States Government, or any agency thereof, and agreed upon by said 

county acting through its Commissioners Court, provided that such 

terms and conditions are not inhibited by the Constitution of the 

State of Texas. 

Although sections 19(a) and 19(b) of article 2351 probably constitute sufficient 

authorization for Victoria County to operate and maintain the facility, article 4418f, 

V.T.CS., furnishes additional support That statute empowers the commissioners court of 

“any county” to 

apprcpriate and expend money from the general revenues of its 

County for and in behalf of public health and sanitation within its 

County. 

See Attorney General Opinions M-1049 (1972); do24 (1944). 

- 

In our opinion, these statutes authorize Victoria County to operate and maintain the 

sewage treatment plant located on property ceded to the county by the federal 

government in 1963. 

SUMMARY 

Victoria County is authorized to operate and maintain a sewage 

treatment plant located on property ceded to the county by the 

federal government in 1963. 

Attorney General of Texas 

P. 365 
Honorable Knute L. Dietze - Page Three (NW-115) 

JOHN W. PAINTER, JR. 

First Assistant Attorney General 

TED L. HARTLEY 

Executive Assistant Attorney General 

Prepared by Rick GiIpin 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

C. Robert Heath, Chairman 

David B. Brooks 

Walter Davis 

Bob Gammage 

Susan Garrison 

Rick Gilpin 

p. 366