September 20, 1963

Mr.,Ward W. Markley County Attorney Jasper County Jasper, Texas Opinion Number C-145 Rer Whether a pre-existing road district can call abond election, due to the fact

Dear Mr. Markley: thatthe newly created road district has never functioned. you state inyour letter re'questingan opinion of this 'officethat Jasper County Road District No. 8, ofJas- "perdounty~,Texas, was created by a special act of the Legislature, such actbeing Acts 1961, 57thLegislature, Regular Session,~Chapter 155, page 282. you further state that no action has ever been take,nby the Commissioners' Court in ,connectionwith said Road 'DistrictNo. 0. you have asked the following questions:

"(1)Can a pre-existing Road District call a Bond Election, due to the ,factthat~the newly ', created,Road District 8has never functioned whatsoever? "(2) Is itnecessary that Road District 8be dissolved by Act of Legislature'before any pre-existing Road Districts **can** be effective with future bond elections?" Se&ion 52ofArticle III of the Constitution of Texas &units to the Legislature all questions relating to~thecreation, size andboundaries of defined road districts. It is with~inthe powersof the Legi'slatureto create'and to abolish such districts. Louisiana Rv. and Nav. Co. v. State; 2% S-W. 462 (Tex.Civ.App.lg27, affirmed in 7 S.W.2d 71Comm.App.1928).

-706-Mr. Ward W. Markley, page 2 (C-145)

In the aforementioned Act, which created Jasper County Road District No. 8, the following language is found in Section 6:

II

. . . Any road district included within saidRoad Distri+ No. 8which has no outstanding bonds ishereby abolished, and any road districtso included which nowhas outstanding bonds.shall become automatically abolished,when all of said outstanding bonds have been paid and discharged, or have been refunded by Road District No. 8, either or both." The above,quoted language clearly shows.that the intent of the Legislature in ~creatingJasper County Road District No. 8was tomabolish',a.ll pre-existing districts withinRoad District,No. 0, which had no outstanding indebtedness and to abolish all other pre-existing districts within Road District No. 0 at such time as, the outstanding indebtedness of such districts as of May 15, 19.61, (,the effective date of the Act), was paid and discharged, or refunded by Road District No. 8. Therefore, in answer to your first question, it is the opinion of this office that nopre-existing'road district within Jasper County Road District No. 0 can legally call a bond election.

In answer toyour se~condquestion, it.is the opinion of this office that any pre-existing road district within Road District No. 0,which had no outstanding indebtedness onMay 15, 1961, orwhich did have outstanding indebtedness on that date but has since paid s,ameoff, has been abolished and can not legally call abond election. As to pre-existing districts which presently have outstanding indebtedness, it is the opinion of this office that they may not legally call bond elections so long asActs 1961, 57thLegislature, Regular Session, Chapter 155, page 282, remains in effect.

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### Mr.Ward W. Markley, page 3 (c-145)
Trusting **thqt** the above fully answers your questions, we are
Very truly yours, WAGGONER CARR

RTL-s APPROVED: OPINION COMMITTEE .W.V. Geppert, Chairman Malcolm Quick J. S. Bracewell James M. Strock Edward R. Moffett APPROVED FOR TRE ATTORNEY GENERAL By: Stanton Stone

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