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**Au-. -**  **PILCICE**

DANIEL

-- o-us SeptAber 29, 1948 PADAN DICXBON

--

Bon. V. C. Marshall ExecutiveDirector Soil Conservation

Board 2nd Floor, Denman Bldg. Temple, Texas OpinionHo. V-693

Re: The authorityof a Commissioners1

Court to transfer funds and equipmentof a wind erosion district to a soil conservation**dis** trict.

Dear Sir:
Reference is **bade** to your recent requestwhich reads, in part, as follows:
%ouse Bill '30.

978, as enacted during the regular session of the 44th Legislaturefor the State of Texas, and filed for record Bay 21st, 1935, provides for the organleation of Wind Erosion Districts. House~Blll444, Acts of the 47th Legislature, regular session,

provides for the establishment of soil conservation districts. .~. 'When a-wind Erosion District, as provided for in House Bill Bo. 978, and a Boll Conservation

District,as provided for l.n Bouse Bill 444, embrace the same territory,and certain funds and equipmenthave accrued to the Wind Erosion District,may such funds or equipment,ar both, be transferred by the Commissioners' Court, as the governing body of the wind .Erosion District,-tothe supervisors

of the soil conservationdistrict?"

House Bill No.'g78, supra (Art. 165a-2, V. C. S.) is a law authorizingthe creation and incorporation of Wind Erosion Conservation Districts coextensive with the area of any county In the State, by a vote of the people of the county in an election calledby the Corn; missioners Court, prescribing that the Commissioners' Court shall constitutethe Governing Board of such dis-Hon. V. C. Marshall, page 2 (V-693)

,. : tricts;providingthat the GoverningBo&d shall make an estimateof the costs of the impr.ovement to be made and to make assessments against the propdrty to be benefited by such improvements; providingthat the function of a Wind Erosion Conservation District Is to conservethe soil by the preventionof unnecessaryerosion caused by winds.

R. B. 444, Acts of the 47th Legislature, 1941, (Art. 165a, V. C. S.) known as the State Soil Conservation Act, provides for a State Sol1 Conservation Board, for five State Districts,for District Supervisors and for a Soil Conservation Committeeof four members In each countywithin each.district to be appointed

by the County Judges of the respectivecounties. Upon a petition of fifty landowners within the distriat the supervisors of any districtmay call an election for approval of an ordinanoe

regulatingand conservingthe soil within the district.
Section 7 of said AQt authorizesthe State Soil Conservation

Board to acquire property,real **or** personal, by purchase,lease, gift, or otherwise. Therefore,there la no doubt as to the authority of said Board to receive property from any source. However8 it is a well settled principleof law that the Commissi~nersl Court does not have any authorityexcept that ?hich Zs expresslyor impliedly conferredu on It **by** law. Edwards county v. Jennings, 33 **S.W.** 8 3 5; 15~0. Jti

457, Sec. 103; 15 C. S. 537, Sec. 221; G. H. & S. A..Ry. Co. v. Uvalde County, 167 S.W.(2d) 305, error refused.

H. 8. j78 does not.authorlze such paver nor are we able to find any Qther statute authorizingsame. On the contrary,.Section. 5~ of Section I.4

of Ii. B. 444 provides, in part, that:

..

"'Phi&Act&all not in anywise affect, ggQgyE&y :I:, ~~t~~ig~:;:~ s"',,- sion of the Forty-iourt.h Legislature,

under which Wind Erosion Conservatloa Districts have been created or ma$ hereafterbe created, but the same is expresslypreserve: in accordanae

with the terms thereof.

. . In view of.

the foregoing it IS our opinion that the Commissioners 1 ~Ccmrt.

as the Governing Board of a Wind Erosion District,created undes H. B. 978, 44thHon. V. C. Marshall,page 3 (V-693) 

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Legislature,1935, may not transfer funds or equipment of such district to the Supervisorsof the Soil ConservationDistrict created under H. B. 444, Acts of the 47th Legislature;

1941, even though such districtsare comprisedof the same territory.

The Commissioners' Court may not transfer funds **or** equipmentof a wind Erosion District to the Supervisorsof a Soil Conservation District,even though the districtsare comprisedof the same territory.

Yours very truly,
AlTORNlEGRNERALOFTEXAS

BA:mu 

# BY

Assistant

APPROVED: ;:.