HE L~TTCBRNEW GENERAL 

UD)F I’F,XAS 

Senator Tom Crelghton Opinion N. M- 353 

Chairman, Water and 

Conservatfon Committee 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; constitutionality under Section 

59(d), Article XVI, of 

Dear Senator Crelghton: the Texas Constitution. 

You have requested our opinion as to the application 

of the requirements of Section 59(d) of Article XVI, of the 

Texas Constitution, to Senate Bill No. 129, 61st Legislature. 

This bill proposes to amend Chapter 279, Acts of the 

56th Legislature, 1959, as amended (Article 8280-228, Vernon's 

Civil Statutes). You further state that the effect of this 

Act is to alter the power, aand authorities of the Red River 

Authority and t,o change the qualifications of 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 expressly named as part of the authority; 

Section 1.6 would be amended to authorize the authority to 

convey the title or use of water of the Red River, for use 

in other states which are adjacent to the Red River; and 

Section 4 would be amended to alter the qualifications of the 

directors. 

The Texas Water Rights Commission has raised a 

tion of application of the requirement of Section .59(d B 

uesof 

Article XVI of the Constitution of Texas, and you advise 

that notice of Intention of introducing the bill as required 

by that Section was not published prior to its introduction 

In the Senate. 

Section 59(d) of Article XVI, of tie Constitution of 

Texas prohibits the passage of any bill, . . ..if such bill 

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

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Sen. Tom Creighton, page 2, (M-353) 

taxing authority of the district, (3) alters the authority 

of the district with respect to the issuance of bonds, or 

(4) alters the qualifications or terms of the office of the 

members of the governing body,of the district", unless notice 

of the Intention to introduce 'such a bill, together with a 

copy of the bill haa been published at least thirty days and 

not more than ninety days prior to the introduction thereof 

In a newspaper or newspapers having 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 Representatives within thirty 

days from date notice was received by the Texas Water Rights 

Commission. 

It is, therefore, our opinion that Senate Bill No. 

129 If enancted, would be in violation of the constitutional 

prohlbitlons contained in Section 59(d) of Article XVI, of 

the Constitution of Texas. 

(1967). 

Attorney Qeneral Opinion M-59 

SUMMARY 

Senate Bill No. 129, relating to the powers 

of the Red River Authority, if enacted, would 

be in violation of 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, L g-v 

Prepared by Vince Taylor 

Assistant Attorney 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 Legal Assistant 

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