### JIMMAlTOX

,:torneyGeneral

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AnEqualOpportunltyl .IfirmrtivaActionEmploys 

# TheAttorneyGeneralofTexas

December 31. 

### 1984

Honorable Margaret 

### Moore Travis 

### County Attorney P. 0. Box 1748 Au6tin. ‘Iexae 707t7 Opinion No.J&295

Rc: Whether a commissioners court maycreate aroad district which has two or more noncontinuous segments

Dear Ms. Moore:

Youhave asked c:he

### following questions concerning road districts:

1. Carl the 

### commissioners court, pursuant to the diecletion granted by section 4.413 

### of the County RowIandBridge Act, create aroad district which ha,s two or more noncontiguous segments providing the interests and purposes 

### of the noncontigmus segments are the S-F; and

2.’ 

### If It is 

### clearly stated in the bond election proposition submitted to the voters and Is c1earl.y for legitimate needs and

### purposes of the road district. may bond fund6 be spent on road6 neciled for ingress and egress 

### to the area encomp66eed by the ro6d district?

Weconclude tha.t the law doe6 not authorize the creation of road di6trlcts composed of noncontiguous tracts 

### of land. It Is our opinion that proceed6 of Imad lasued by a road dl6trict may be used for egress 6nd lngreas road improvement6 outeide the boundaries of the dletrlct if the commissioners court ha6 determined that such improvements will kneflt all taxable property of the district and the bood 

### election proposition submitted 

### to the voter6 clearly specifies that the bond proweds will beused for such ro6d improvements.
Article 

### III. section 52(b) of the Texas Constitution authorizeF the establishment of road districts. It provides, in

### pertinent part:

(b) !blder Legislative provision. anycounty, andpoli::Lcal subdivision of acounty, any number of adjo:Lning countlea, or any political subdivlrion 

### of the State, or anydefined district now or hereafter. to be described and defined within the State of Texas, and which may or may notHonorable Margaret Moore - Page 2 (Jfi295)

include, town6, vil:lages or municipal corporations. upon avote of two-third6 majority of the resident property taxpayer6 

### voting thereon whoare qualified elector6 

### of such dicltrict or territory 

### to be affected thereby, in addition to all other debts, may issue bvnds or otherwise lend Its credit in any amount not to exceed one-fourth of 

### the assessed valuat:lon of the real property of such district or territory, except that the total bonded indebtedness of 

### any city or town shall
never exceed the 1:lnit.s imposed by oth6r provisions of this Consl:?.tutlon. andlevy andcollect t6xes to pay the Interest thereon and provide a rinklng fund for the redemption thereof, as the Legislature mayautt,crize, and In such manner as It may authorize I:he same, for the following purposes towit:

.... 

### (3) Theconstruction. maintenance and operation of macadamlted, graveled or paved road6 and turnpikes. or Inaid thereof. (gmpha616 added).

Th6County Road andBrldite Act, ss recently re-enacted by Senate Bill Ro. 24, Sixty-eighth Le:g:Lslature, 2nd Called Session, contains the provisions enacted by the legislature for the establishment of road dietriCe and the issuance of road district bonds. Th6t act, codified a6 article 6702-l. V.T.C.S.. provides the following, in pertinent part:

Section 4.413. ElXABLISHMENT

### OFROADDISTRICTS. (a) Thecounty comclssioners court6 mayestablish
one or more road &strlcts in their respective counties and may c; may not include within the boundarlee and limits 

### of the dl6triCt6, villagee, tOM6. pnd munlcipc~3. corporations or any portion of 

### avillage, town, andmunicipal corporation and may or may not include previously CrePted road district6 andpoIll:icaI subdivisions or precincts that have voted antiissued road bonds pursuant to Article III. S~!ctlon 52. of the. Texas Constitution, -bye:leering an-order declaring the road district eri.ablished and defining the boundaries of it.

. . . . Section 4.416. I’E:TITLONFORELECTIONS. (a) If any political subdlvlsion or any road district desire6 to issue tmsnds, there shell be presented

p. 1322**Honorabl6 M6rgaret**  **Moor6 -**  **Pqe 3**  

### (al-295)

to **the** co~ls6looers court 

### of the county Inwhich th6 6Ubdivl6lon or district ia 6itUatCd, a petftlon rlgned by 50 or 6majority of the qualified voter6 of the 6ubdbrirlon 

### or ro6d di6trict praying the court 

### to order **an** election to determine whether or not the, bond6 of the 6ubdivislon or di6trlCt 6haII **be** l66ued t0 an**JIIOOUnt** 6t6ted for the 

### purpoee of rho constructIon, meintcnance, and operation 

### ofmac(ldunlzed, graveled, or p6ved road6 and turnpike6 or Ln aid of the6e pUrpO666 and whethsr taxes 6hrt:lI be levied on alI tar6bIe 

### property within 1,k.esubdivision or district In 

### pqment of th6boodr.
(b) Onpresentation 

### of the petition, the court to which it is preeented 6haII fix a time and place 

### atwhich the petition shall be heard

. . . .
Section 4.417. HEARINGANDDETRRMINATION. 

### At the time and pla:e 6et for the hearing 

### of **the** petition or 6 **6Ub6eqU6nt** date as may then be flxed, the court ehall proceed to hear the petition and 611. matter6 in reepect of the proposed bond election

. . . . If on the hearing of the petltlon the court finds that the petition. 16 signed by 50 or a majority of the qualified voter6 of the subdivl6ion or road di6trict. that due notice ha6 been Riven, and that the proposed lmprovement6 would be for the benefit of 611 taxable property iituated 

### in the 6ubdlvl6ion or road dletrlct. the-court may166ue and c6u6e to be 

### l nter6d of 'recorri in it6 minute6 an order directing that anelection be held within and for the 6ubdivi6io6 oc road district 6t 6 d6te to be fixed In the orde:: for the purpose of d6termining the pue6tlone mentionad In the petitions

. . . . The propo6ltlon to be submitted-at the **election** shall specify the+pocre for which the bond6 are to be 16sued, the amount of the bonde. the rate of intereet. and the f6ct that advalorem taxes are 

### to be Ievled annually on all taxable property vithln the dirtrlct or subdivi6ion 6ufficlent to pay

### the annual InWrest 

### andprovide asinking fund 

### to pay the bond6 111:maturity. (Emphasis added).

The creation of 

### a rorltl district and the determination of its boundarie6 are matter6 wil:hin the discretion of the commissioners 

### court. 1g31, nSe;rri::ng.v. Falls 

### County, 42S.W.Zd 481 (Tex. CIV.W;~~;~;,W;;~ ;

### Attorney Gcueral Opinion V-440 (1947). con6titution and 

### the statute6 do

### not expressly specify whether the

p. 1323Honorable Margaret Moore - Page 4 (JM-295)

defined boundaries of a road d.istrlct may encompass 

### anarea that is territorially noncontiguous.

Webelieve that the usual concept of a district contemplates an area with a single set of boundaries rather than a collection of geographically isolated tracts. See Jones V. Palcq, 222 A.2d 101. 106 (N.J. Sup. Ct. 1966). The:Wis~sin Supreme Court held that

[tlhere is much force -in the general and almost Invariable usage. 1x1this country at least, In the organization of towns and counties, as in pre

### cincts, districts, 

### cities. and villages, in forming themof adjilcent and contiguous territory.

C. hN.W. Railway Co. V. Townof Oconto. 6N.W. 607, 609 (Wia. 1880). Black’s LawDictionary definerra district as

one of the territorial areas Into which an entire state or country, county, municipality. or other political subdivis:.on is divided 

### for judicial, political, elcctora,l, oradministrative purposes.
Black’s LawDictionary 427 

### (5th cd. 1979).

“Defined districts.” as that term is used in article III. section 52(b) of the constitution,. “means a defined area in a county, less than the county, 

### other than apolitical aubdivisfon of such county.” (Emphasis added). Bell Councp v. Binea. 219 S.W. 556 (Tex. Civ. App.

- Austin 1920. writ ref’d). ‘tiebelieve that the court’s definition. which refers to “a defined area” and

### not to “defined areas,” does not include tracts that are not contiguous to each other. Another court of civil appeals. in Gumfory v. Aaaaford 

### County Commissioners Court, 561 S.W.2d 28. (Tex. Civ. 

### App. - Amarillo 1977. vrit ref’d 

### n.r.e.). held that the phrase “cormn:Laaionera precincts.” as used in the 

### constitutional provision that a county is to be divided iato four commissioners precincts, rned1nsthat such precincts must be terrltorially **COntigU0U.S.**

**The** legislature exprcaaly clarified thet certain special districts created pursuant I:CIarticle XVI, aectioa 59 of the Texas **Constitution** maybe composed of noncontiguous tracts. For instance. section 78.013(a) of the l’exss **AgriCUlture** Code provides that a Noxious Weed Control District may include a body of land separated from the rest of the dist:::ict. Likewise, sections 51.012(b) and 54.013(b) of the Texas Water m:odespecify that land composing awater control and improvement district created under chapter 51 or a municipal **utility** district ‘created under chapter 54 need not be contiguous, but may consist of separate bodies of land separated by land vhich is not included IIIthe district. Also. certain special law districts created pursuant t3 article XVI. section 59 by special acts of the legislature are composed of 

### noncontiguous tracts. The

p. 1324Hoaorable Hargaret 

### Noore - Pa.g,e5 (JM-295)

legislature created Spring HLLl Utility District by chapter 750, acts of the Sixty-first Legialatu:re. as

### adistrict consisting of one large tract of land and two smallor tracts located approximately six miles from 

### the main tract. See !ZJlt y of Longviev v. Spring RI11 Utility District, 657 S.W.Zd 43OTer:. 1983).

Weconclude that if the legislature had also intended that road districts maybe composed of separate, noncontiguous tracts it would have expressly soprovided 1x1the County RoadandBridge **Act.**

In addition to the requirements that the coasnissionera court conduct ahearing of apetition to order abond election and make a finding that the proposed improvements will benefit all taxable property in the district, the Road and Bridge 

### Act requires that the proposition 

### to be submitted mt

### the election shall specify the purpose for which the bonds will be issued. It is well settled that the proceeds of abond issue marbe used only 

### for those roads which the election proceedings specified would be built. See Fletcher v. Howard, 39 S.W.2d 32 (Tex. 1931): **Aransaa** County v.oleman-Pulton Pasture Co., 191 S.W. 553, 5,54 (Tex. 1917). Use of the proceeds from the sale of road district bonds for an unapproved purpose would constitute a frsud on the electorate. See Crowell v. Cammack. 40 S.W.Zd 259 (Tex. Civ. App. - Amarillo 1931,no writ).

TheRoadandBridge **Act** expressly provider that the proceeds of a bond issue maybe-used only for improvements that vi11 benefit all taxable property In the dia;:rict. 

### It cootains no express provisions determining the location 

### of the improvements or whether the areas in which boad proceeds maybe expended shall be vithin or without the boundaries of the road district. Since the thrust of the statute is the requirement that the improvements benefit all taxable property in the district. webelieve thal: the statute does not prohibit per se all expenditures of bond funds for improvements located outside the district whenthe improvements are beneficial to all taxable property in the district. Cf. Attorncry General Opinion JH-158 (1984).
- Attorney General Opinion O-3851 (1941) concluded that where a road was

### to bebuilt oa the dividing lfne between two road districts. the proceeds from road distrzlct bonds of onedistrict could beused 

### to construct only the part 

### of the road located within that road district. The opinion appears to baas! its conclusion on the fact that funds derived from the sale of bonds cannot be diverted from the purpose stated in the proposition submitted to the

### voters. Weagree vith such
a conclusion. However, sssnning that the bond election proceedings and proposition submitted to the voters specify that **the** bond funds will be used for roads needed for ingress and egress to the area encompassed by the road district
, weconclude that proceeds from the **issuance** of bonds maybe used for improvements outside the boundaries of the road district if the commissioners court has found that such improvements will benefit all .taxable property in the district.

D..1325Honorable Margaret Moore - Pa(;e 6 (JM-295)

;iUMMARY

A commissioners court is not authorized to establish a road district composed 

### of noncontiguous tracts of land. 

### If the boad election proposition submittad to the **voters** clearly specifies that the bond funds will be used for roads needed 

### for iqresa and egress to the area encompassed in the **district,** bond funds may be used for improvemerts outside the district which benefit all taxable property in the district.

Attorney General of Texas

TOMGREEN First Aaaiatant Attorney General

DAVIDR. RICHARDS Lxecutive Assistant Attorney General

HICKGILPIN Chairman, Opinion Committee Prepared by Nancy Sutton Assistant **Attorney** General

APPROVED

: OPINIONCOMMITTEE

Rick Gilpin. Chairman Tony Guillory Nancy

### Sutton

p. 1326