EL% EY'GENERAI. 

AUSTIN. TEXAS 787 

April 12, 1967 

Honorable George Parkhouse 

Chairman, Water and 

Conservation Committee 

Texas Senate 

Austin, Texas 

Opinion No. M-59 

Re: Whether the Attorney 

General could approve 

bonds supported by the 

fifteen cents per one 

hundred dollar valuation, 

should S.B. No. 419 with 

the amendment be passed 

Dear Senator Parkhouse: by the Texas Legislature. 

In your recent opinion request you have set forth the 

following facts: 

1. Senate Bill 419, which is currently 

before the Texas Legislature, would amend Article 

8280-188, V.C.S., to allow the Trinity River AUthority to adopt navigational powers permitted by 

Title 128 of Vernon's Civil Statutes. 

2. An amendment to Senate Bill 419 has been 

proposed which would increase the maximum tax 

which could be levied by the Trinity River Authority to fifteen cents per one hundred dollar 

valuation. 

3. Notice of intent to introduce Senate Bill 

419 or the proposed amendment to this bill has not 

been published or delivered in accordance with the 

provisions of Article 16, Section 59(d) of the 

Texas Constitution. 

you then ask whether the Attorney General could approve 

bonds supported by the increased tax should Senate Bill 419 

with the proposed amendment be passed by the Texas Legislature. 

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., 

Honorable George Parkhouse, page 2 (M-59) 

The Trinity River Authority was created by the Texas 

Legislature in Article 8280-188, V.C.S., pursuant to Article 

16, Section 59, Texas Constitution which provides in subsection (d): 

"No law creatinq a conservation and reclamation 

district shall be passed unless notice of the intention to introduce such a bill settinq forth the 

qeneral substance of the contemplated law shall have 

been published at least thirty (30) davs and not more 

than ninety (90) days prior to the introduction 

thereof in a newspaper or newspapers havinq qeneral 

circulation in the countv or counties in which said 

district or anv part thereof is or will be located 

and bv deliverins a COPY of such notice and such 

bill to the Governor who shall submit such notice 

and bill to the Texas Water Commission, or its 

successor, which shall file its recommendation as 

to such bill with the Governor, Lieutenant Governor 

and Speaker of the House of Representatives within 

thirty (30) days from date notice was received by 

the Texas Water Commission. Such notice and cow of 

of bill shall also be qiven of the introduction of 

any bill amendinq a law creatinq or qoverninq a 

particular conservation and reclamation district 

if such bill (1) adds additional land to the district, (2) alters the taxinq 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 office of the members of 

the governing body of the district." (Emphasis added.) 

The proposed amendment to Senate Bill 419 would alter the 

taxing authority of the Trinity River Authority. Since under 

the submitted facts the notice required by Article 16, Section 

59(d) of the Constitution has not been published or delivered, 

the proposed amendment to Senate Bill 419 would be unconstitutional. Therefore, the tax authorized by the amendment would 

be unconstitutional, and you are advised that the Attorney 

General could not approve bonds supported by such a tax. 

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. .- . 

Honorable George Parkhouse, page 3 (M-59) 

SUMMARY 

The Attorney General could not approve 

bonds supported by a tax which would be unconstitutional under the submitted facts. 

Yo 

/9 

8 very truly, 

A 

Prepared by John W. Fainter, Jr. 

Assistant Attorney General 

APPROVED: 

OPINION CONMITTRE: 

Hawthorne Phillips, Chairman 

W. V. Geppert, Co-Chairman 

John Reeves 

Robert Flowers 

Roger Tyler 

Lewis Berry 

STAPF LEGAL ASSISTANT 

A. J. Carubbi. Jr. 

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