### - 1 -/“
.

I 

# .J.

OFFICE OF ‘THEATTORNEY GENERAL OF TEXAS **AUSTIN** January 10, 1939 IIon. E.. S. Foreman county Auditor, Jefferson County Seaumont, Texas Deersir:

related they zi.11 be discussed together.

The procedure fo$ the establishment of aYresh “later :-UpplyDistrict his contained in Chapter 4, Title 128, Articles 7331 to 7399 inclusive, Vernon’s Revised Civil Statutes of Texas, 1925. The articles which pert,cin to the questi.ons under consideration are Articles 7833 and 7899, which I quote as follw~s: Art. 7883. Deposit “The petition shall be accompanied by,a deposit of one hundred dollars, which shall be paid to the county clerk who shall pay same out upon vouchers apprtovcd by the county judge, for all’ expenses incident to the ‘hearing and the election for the crc:ltion~ of the district, returning any excess torr. E. S. Foreman, January 10, 1339, Ta<:e2

that Art. 7899.~ Organization expenses

“The supervisors are authorized to pay all necessary costs and expenses necessarily incurred in the creation and organization of any district, and to reimburse any person, corporation or association for money advanced for such purposes. Such payment shall bemade from money obtained from the Salemof bonds.”

it was not the intention of the Legislature the o%%~~;ion expenses be paid out of County fu,nds for if 1 it had been=such , Article 7883 would have provided for the ret,urn to the county of any excess monies advanced for that purpose, as Fell as to the ptitioner. Article 7899 sets out in particular who should be reixnbursed, and counties are not mentioned, and the exclusion of which indicates that the Legislature did not contemplate such payment by counties. There is no authority contained in the statutes for the payment of such expenses by a county, or the lending of county funds for,such purpose. the petitioners of their attorneys.”

’ It is the”opinion of this department that any expending of county funds for the purpose of organizing, aFresh Water District or the lending of county funds for such purpose, would be contrary to the provisions of Section 52, Article 3 of the Constitution of Texas, which I quote in part:

“Section 52. The Legislature shall have no power to authorize any county, city, town or other political corporation or subdivision of the State t.0 lend itscredit or to grant public money or thing of vatue (value) in aid of, or to.any individual, association, or corporation fwhatsoever, or to become a stockholder in such corporation, association or company: ”

.......... The care of ITill ~Countyvs. %yant and FWfman (Civ. App.) 264 2
. xi
. 520, at page 522; cited Article 3, Section 52 of the **Con** stitution of Texes, saying; “The County has no right to lend its funds or credit:‘
.

The facts as stated in yourletter do not bring a Fresh Yater District within the exception contained in the aforesaid L.rticle of the Constitution, which is not quoted. k Yresh :‘:ater District of the type under discussion is a municicai corporation end is governed by laws relating to that class of corporations. 2311 vs. Kerriman (Civ. App.) 245 S. W. 1012. This type of corporation is incl:lded in the above-quoted constitutional provision r:hcrein it says, “
. ......,..any indiv~idual, associati,on or cori’oration whatsoever ,” and therefore a loon or donation to same Wuld be prohibited by the Constitution of **Texts.**

-----~- -?‘..-r.- .-_-.~~_._i .__,_- ..-......“~ I_.. .~... .,.-.. ..--. -. - .__~. . I. .._.___-_ -I-- -__.~-.- .-_ ~_~..I

I i B’r. 3. S. Foreman, January 10, 1939, Page 3

Since a county has no authority to lend money for, or to donate money for, the orgniznti?n of a Fresh Xater i District, it follows that it has no authority to Set aside money

, in Its budget, or otherwise, for such purpose. Yours very,truly ATTOR"PYGEXERALCFTEXAS ,A -7 n

JLN:GO Assistant
AFTROVED:

‘- a-% -.--iy-~,~T. -_- .-_.,- T ,,-..,_f,r_ “., .I_,~ ,.-_ _.c__~.I__ I -...,__. ,... -._x_ ,. ~.. ..-