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## 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 theAttorney General could approve bonds supported by the fifteen cents per one hundred dollar valuation, should S.B. No. 419with the amendment be passed Dear Senator Parkhouse: by the Texas Legislature.

Inyour recent opinion request you have set forth the following facts:

1. Senate Bill 419,which is currently before the Texas Legislature, would amendArticle 8280-188, V.C.S., to allow the Trinity River AUthority to adopt navigational powers permitted by Title 128 ofVernon's Civil Statutes.
**2.** An amendment to Senate Bill 419 has been proposed which would increase **the** maximum tax which couldbe leviedby the Trinity River Authority to fifteen cents per onehundred 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 ofArticle 16, Section 59(d) of the Texas Constitution.

you then askwhether theAttorney 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 theTexas Legislature inArticle 8280-188, V.C.S., pursuant toArticle 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 abill settinq forth the qeneral substance of the contemplated law shall have been published at least thirty (30)davs and notmore than ninety (90)days prior to the introduction thereof in anewspaper or newspapers havinq qeneral circulation in the countv or counties inwhich said district or anv part thereof is orwill be located andbv 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 suchbillwith the Governor, Lieutenant Governor and Speaker of theHouse ofRepresentatives within thirty (30)days from date notice was received by the Texas Water Commission. Such notice and cow of ofbill shall alsobe qiven of the introduction of anybill amendinq a law creatinq or qoverninq a particular conservation and reclamation district if suchbill (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 ofbonds, or (4)alters the qualifications or terms of office of themembers of the governing body of the district." (Emphasis added.)
The proposed amendment to Senate Bill 419would 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 notbeen published or delivered, the proposed amendment to Senate Bill 419would be unconstitutional. Therefore, the tax authorized by the amendment would be unconstitutional, andyou are advised that theAttorney 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 taxwhich would be unconstitutional under the submitted facts.

Yo /9 8very truly,

**A**

Prepared by JohnW. 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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