. . 

November 6, 1961 

Honorable Jarvis Wieser Opinion No. WW-1194 

County Attorney 

Gillespie County Re: Whether it is mandatory or disFredericksburg, Texas cretionary on the part of the 

Commissioners' Court to call an 

airport bond election; whether 

a county may legally issue negotiable securities for the purpose stated in the petition: and 

whether proceeds may be used to 

construct a building to be leased 

to a private corporation for its 

Dear Mr. Wieser: use in manufacturing aircraft. 

In your letter requesting an opinion of this office, 

you state that a petition has been presented to the Commissioners' Court of Gillespie County requesting that an election be ordered ". . . to vote on the matter of authorizing 

the issuance of negotiable bonds of Gillespie County, Texas, 

for the purpose of improving, operating and maintaining the 

airport of Gillespie County, Texas, and providing suitable 

structures and facilities therein . . ." You have asked the 

following questions: 

"1. Assuming the purpose for which 

bonds are sought to be issued as set forth 

in a petition is legal, is the matter of 

calling an election discretionary on the 

part of the Commissioners' Court, or is it 

mandatory? 

"2 . May a county legally issue negotiable securities for the purpose and under 

the circumstances set forth in the foregoing statement and enclosure, following a 

favorable majority vote of qualified voters? 
. - 

Honorable Jarvis Wieser, page 2 (WW-1194) 

"3 . Assuming a bond election is called 

‘For the purpose of improving, operating and 

maintaining the Airport of Gillespie County, 

Texas, and providing suitable structures and 

facilities therein', and a favorable majority 

vote of the qualified taxpaying voters resuits, may the money realized from the bond 

issue be used for the purpose of constructing 

hangar type buildings to be leased by the 

county to a private corporation for its use 

in manufacturing aircraft?" 

In your brief, you quote from Article 1269h, V.C.S., 

and we assume that the bonds contemplated will be issued pursuant to the provisions of this article. Said article authorizes the Commissioners' Court of any county to issue negotiable bonds of the county and to levy taxes to provide for 

the interest and sinking funds of any bonds so issued 

"For the purpose of condemning or purchasing, 

either or both, lands to be used and msintained as provided in Section 1 hereof, and 

improving and equipping the same for such 

use, . . .'I 

This article further provides that the authority given for 

the issuance of bonds and the levy of taxes is to be exercised in accordance with the provisions of Chapter 1 of 

Title 22 of the Revised Civil Statutes of 1925 (Art. 701 

et seq., V.C.S.). This chapter, in Art. 701, V.C.S., provides that - 

"The bonds of a county . . . shall never be 

issued for any purpose unless a proposition 

for the issuance of such bonds shall have 

been first submitted to the qualified voters 

who are property taxpayers of such county, 

II . . . . 

Said chapter provides also for details of the required election, such as submission of the proposition and its contents, 
Honorable Jarvis Wieser; page 3 (WW-1194) 

time of election, notice of election, and the form of the 

ballot. There is, however, no provision whatsoever for a 

petition requesting that an election be called or requiring that an election be called when a petition is presented. 

Therefore, in answer to your first question, it is the 

opinion of this office that the matter of calling an election under the stated circumstances is entirely discretionary on the part of the Commissioners' Court. 

In order for a Commissioners' Court to lawfully 

issue negotiable securities of a county, there must be express authority to issue such securities for the stated 

purpose. It is not a power to be implied. Lasater v. Lopes, 

110 Tex. 179, 217 S-W.373 (1919). The petition to which you 

refer asks for an election for securities for the purpose of 

II . . . improving, operating and maintaining the airport . . ." 

Article 1269h. V.C.S., authorizes negotiable bonds for the 

purposes set out above. In other words, under Article 126911, 

a county may issue negotiable securities to acquire land to 

be used and maintained as an airport, and for N . . . imorovinq and equipping the same for such use.," (Emphasis added). 

These are the only purposes for which negotiable bonds are 

authorized by Article 1269h. While the purpose clause in the 

petition does include "improving", which is an authorized 

purpose, it also includes "operating" and "maintaining", for 

which purposes there is no authorization. We are of the 

opinion that the purpose clause must stand or fall as a whole. 

Therefore, since the purpose clause stated in the petition 

contains elements for which there is no authorization, a county 

may not legally issue negotiable securities for the purpose 

stated in the petition which has been presented to the Commissioners' Court of Gillespie County. 

Your third question is answered in the negative, 

for the following reasons: 

The Texas courts have consistently held that the 

Commissioners' Court is a court of limited jurisdiction and 

has only such powers as are conferred upon it, either by 

express terms or by necessary implication, by the statutes 

and Constitution of this State. Childress County v. State, 

127 Tex.343, 92 S.W.2d 1011 (1936); Von Rosenberg v. Lovett, 

173 S-W.508 (Civ.App. 1915, error ref.); Roper v. Hall, 
Honorable Harvis Wieser. Page 4 (WW-1194) 

280 S-W.289 (Civ.App. 1925); Art. 2351, V.C.S.; 11 Tex. Jur. 

632, Counties, Sec. 95. 

The authority to lease all or part of any airport 

or property connected therewith which is conferred by Art. 

1269'31, supra, is only for some use which is connected with 

the maintenance and operation of an airport. Attorney General's Opinion No. V-1162 (see attached copy). It is the 

opinion of this office that the manufacturing of aircraft by 

a private corporation is not a use which is connected with 

the operation and maintenance of an airport, and, therefore, 

the Commissioners' Court is not authorized to lease buildings 

to a private corporation for its use in manufacturing aircraft. 

SUMMARY 

Since there is no statutory provision for a 

petition under Article 1269h, V.C.S., the 

petition which has been presented to the Commissioners' Court has no legal effect and 

the calling of an election as requested by 

the petition is discretionary on the part of 

the Commissioners' Court. The Commissioners' 

Court may not legally issue negotiable securities for the purpose stated in the petition. 

The Commissioners' Court may not use the proceeds of such a bond issue to build hangar 

type buildings to be leased to a private 

corporation for its use in manufacturing 

aircraft. 

Very truly yours, 

WILL WILSON 

Attornev General of Texas 

RTL-s 

Rbbert T. Lewis ' 

Assistant 
.- 

Honorable Jarvis Wieser, page 5 (WW-1194) 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

Riley Eugene Fletcher 

Norman V. Suarez 

Linward Shivers 

REVIEWED FOR THE ATTORNEY GENERAL 

By: Houghton Brownlee, Jr.