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 a bond 

election, due to the fact 

Dear Mr. Markley: 

thatthe newly created road 

district has never functioned. 

you state in your letter re'questing an opinion of 

this 'office that Jasper County Road District No. 8, of Jas- 

"perdounty~, Texas, was created by a special act of the Legislature, such act being Acts 1961, 57th Legislature, Regular Session,~Chapter 155, page 282. you further state that 

no action has ever been take,nby the Commissioners' Court in 

,connection with said Road 'District No. 0. you have asked the 

following questions: 

"(1) Can a pre-existing Road District call a 

Bond Election, due to the ,fact that~ the newly 

', created, Road District 8 has never functioned 

whatsoever? 

"(2) Is it necessary that Road District 8 be 

dissolved by Act of Legislature'before any 

pre-existing Road Districts can be effective 

with future bond elections?" 

Se&ion 52 of Article III of the Constitution of Texas 

&units to the Legislature all questions relating to ~the creation, size and boundaries of defined road districts. It is 

with~in the powers of the Legi'slature to 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 71 Comm.App.1928). 

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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 

said Road Distri+ No. 8 which has no outstanding bonds is hereby abolished, and any 

road districtso included which now has 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 ~creating Jasper County Road 

District No. 8 was tom abolish',a.ll pre-existing districts within Road 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 no pre-existing'road district 

within Jasper County Road District No. 0 can legally call a 

bond election. 

In answer to your se~cond question, it. is the opinion 

of this office that any pre-existing road district within 

Road District No. 0, which had no outstanding indebtedness 

on May 15, 1961, or which did have outstanding indebtedness 

on that date but has since paid s,ame off, has been abolished 

and can not legally call a bond 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 as Acts 1961, 57th Legislature, 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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