HE L~TTCBRNEW GENERAL UD)FI’F,XAS

Senator Tom Crelghton Opinion N. M-353 Chairman,Water and ConservatfonCommittee Re: Senate Bill No, 129, an Texas State Senate Act amending powers and Capitol Building authorities of the Red Austin, Texas River Authority and to change the quallffcatlons of Directors; constitutionalityunder Section 59(d), Article XVI, of Dear Senator Crelghton: the Texas Constitution.

You have requested our opinion as to the application of the requirementsof Section 59(d) of Article XVI, of the Texas Constitution,to Senate Bill No. 129, 61st Legislature.

This billproposes to amend Chapter 279, Acts of the 56th Legislature, 1959, as amended (Article8280-228, Vernon's Civil Statutes). You further state that the effect of this Act is to alter the power, a and authorities of the Red River Authority and t,ochange the qualificationsof Mrectors. Specifically,Section 14(a) of Article 8280-228, would be amended so as to permit the authority to exercise its powers outside the counties expresslynamed as part of the authority; Section 1.6would be amended to authorize the authority to convey the title or use of water of the Red River, for use in other stateswhich are adjacent to the Red River; and Section 4 would be amended to alter the qualificationsof the directors.

The Texas Water Rights Commissionhas raised a tion of application of the requirement of Section .59(d Buesof Article XVI of the Constitutionof Texas, and you advise thatnotice of Intention of introducing the bill as required by that Section was not publishedprior to its introduction In the Senate.

Section 59(d) of Article XVI, of tie Constitutionof Texas prohibits the passage of any bill,

....ifsuch bill (1) adds additional land to the district, (2)alters the

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taxing authority of the district, (3) alters the authority of the districtwith respect to the issuance of bonds, or (4)alters the qualificationsor terms of the office of the members of the governingbody,of the district",unless notice of the Intention to introduce 'sucha bill, togetherwith a copy of the bill haa been published at least thirty days and not more thanninety days prior to the introduction thereof In a newspaper or newspapershaving general circulation in a county or counties in which that district or any part thereof is or will be located. In addition,delivery Is required of a copy of such notice and such bill to the Governor, who shall submit such notice and bill to the Texas Water Rights Commission,which shall in turn file Its recommendation as to such bill with the Governor, Lieutenant Governor, and Speaker of the House of Representativeswithin thirty days from date noticewas received by the Texas Water Rights Commission.

It is, therefore,our opinion that Senate Bill No. 129 If enancted,would be in violationof the constitutional prohlbitlons contained in Section 59(d) of Article XVI, of the Constitutionof Texas. (1967). Attorney Qeneral OpinionM-59

SUMMARY
Senate Bill No. 129, relating to the powers of the Red River Authority, if enacted,would be in violationof Section 59(d) of Article XVI of the Texas Constitution,as the notices provided for in Section 59(d) of Article XVI were not given. A ry truly yours, 

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Prepared by Vince Taylor AssistantAttorney General

APPROVED:
OPINION COMMITTEE

Kerns Taylor, Chairman George Kelton, Vice-Chairman John R. Grace Fisher A, Tyler Roland Allen Houghton Brownlee W. V. Geppert Staff LegalAssistant

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