November 14, 1973 

The Honorable M. D. Emerson 

County Attorney 

County Courthouse 

Paris, Texas 75460 

Opinion No. H- 153 

Re: The legality of the incorporation of the proposed 

town of Sun Valley 

Dear Mr. Emerson: 

Your request for our opinion states a number of facts concerning 

the proposed town of Sun Valley,asks us to assume these facts to be 

true, and then asks whether the proposed town would meet the requirements for incorporation as a town or village under Title 28, Chapter 11, 

Vernon’s Texas Civil Statutes. (Articles 1133 to 1153a). 

The facts you ask us to assume are: 

“Sun Valley has a population of approximately 

23 5 people. It is basically a mobile home park which 

was started in 1971 and by September of 1972 had substantially all of the space leased. Sun Valley has its 

own sewerage system which has been approved by all 

required State Agencies, and it is being operated by a 

licensed operator. Sun Valley has asphalt streets 

within the proposed corporate city limits and a permanent Cable Television System with an antenna approximately 120 feet tall and the cable is provided to each 

family within the proposed City of Sun Valley. The’ 

proposed Town of Sun Valley has more than 200 and 

less than 1,000 inhabitants as provided for under 

Article 1133, Vernon’s Annotated Civil Statutes. The 

Town also has at least twenty residents thereof who 

are qualified voters under the General Election Laws 

of the State of Texas and who have resided within the 

proposed town for a period in excess of six months. 

p. 711 
The Honorable M.D. Emerson, page 2 (H-153) 

The proposed Town of Sun Valley consists of approximately 86 contiguous acres of which the mobile 

home parkat this time only occupies approximate,Ly 

ten acres of the total tract. All of the mobile homes 

within the proposed Town of Sun Valley are individually 

owned. Electricity and running water is provided for 

all residents. 

“School buses from two different schools run 

through Sun Valley to transport children to their 

respective schools. ” 

Article 1133 of Vernon’s Texas Civil Statutes states: 

“When a town or village contains more than two 

hundred (200) and less than ten thousand (IO, 000) inhabitants, it may be incorporated as a town or village 

in the manner prescribed in Chapter 11, Title 28, of 

the Revised Civil Statutes of Texas, 1925, and all 

amendments thereto. ” (Articles ,1133 to ,1153a,X ZCS.) 

Article 1134 of Vernon’s Texas Civil Statutes provides in part: 

“If the inhabitants of such town or tiNage desire 

to be so incorporated, at least twenty residents 

thereof, who would be qualified voters under the provisinns of this chapter, shall file an application for 

that purpose in the office of the county judge of the 

county in which the town or village is situated, stating 

the boundaries of the proposed town or village, the 

name by which it is to be known when incorporated, 

and accompany the same with a plat of the proposed 

town or village including therein no territory except 

that tihich is intended to be used for strictly town 

purposes. . . .‘I 

Texas Courts have construed the term “inhabitants, ” in other statutes, 

to encompass those persons who have established more or less permanent 

p. 712 
The Honorable M.D. Emerson, page 3 (H-153) 

domiciles in a particular.community. Struble v. Struble, 177 S. W. 2d 

279 (Tex. Civ. App., Amarillo, 1943, no writ): Houston Printing Co. v. 

Tennant, 39 S. W. 2d 1089 (Tex. 1931). The “inhabitants” do not have to 

be qualified electors. Attorney General Opinion M-867 (1971). 

In Capitol Aggregates, Inc. v. Walker, 448 S. W. 2d 830 (Tex. 

Civ. App., Austin, 1969, error ref’d. n. r. e.), it was held that a judgment debtor’s mobile home was sufficiently affixed to land for the purpose 

of qualifying for a homestead exemption. It was found that the mobile 

home’s gas, water and sewage facilities were connected to the gas, water 

and sewage systems located under the surface of the ,land. The structure 

was set on cement blocks. The court stated that the question of intention 

to make the article a permanent accession to the ,land must be ascertained 

from the facts and circumstances attendant upon p,lacing the house there, 

Here, the county judge, in determining if the popu,lation of the proposed Town is permanently residing there, must take into account all of 

the factors involved. 

It has been held that the County Judge has discretionary power to 

determine whether or not the proposed town or village contains’the sufficient number of “inhabitants. ” Reagan v. Beck, 474 S. W. 2d 935 (Tex. 

Civ.App., Tyler, 1971, error ref’d. n. r. e.). His ruling is final in the 

absence of fraud or .abuse of discretion. Once the County Judge has ruled 

that there are over 200 “inhabitants, ” he has no discretion as to whether 

or not to call an election. 

Article 1134 requires the applicants who sign the petition for incorporation to be qualified electors and to have residences within the area 

sought to be incorporated for at least 6 months. As to who are qualified 

electors, see Article 1137, V. T. C. S. ; Attorney General Opinion M-867 

(1971). 

According to Article 1134, a plat of the proposed town or village 

must be filed with the petition for incorporation, and it may include no 

territory except that intended for strictly town purposes. In Harang v. 

State, exrel., City of West Columbia, 466 S. W. 2d 8 (Tex. Civ.App., 

p. 713 
The Honorable M. D. Emerson, page 4 (H-153) 

Houston, 14th Dist., 1971, no writ), it was held that to be entitled to 

incorporate, the area of the town or village should be susceptible of 

receiving some municipal services. 

As stated in Harang, supra, the purposes of then language of Article 

1134 in limiting the area which may be included in a proposed incorporation 

of a village or town to that which is int.ended to be used for strictly town 

purposes are twofold. The first is to prevent the tow~nor village from 

embracing land for tax purposes when there is no reasonable expectation 

that it will become a residential part of the town. Secondly, such a lirnitation also prohibits the inclusion of territory simply to make up the 

required population without any reasonable expectation of furnishing to it 

any of the usual services afforded by a municipality. In Harang there 

were compact clusters of ten to twenty houses in the area to be incorporated. Those clusters were widely separated from each other and therefore did not meet the density requirements. The proposed Town of Sun 

Valley encompasses approximately 86 contiguous acres of which the mobile 

home park occupies approximately ten acres. Further, the prospective 

expansion of the town may be taken into account. 

In assuming as true the facts set forth in your letter, we should not 

be understood as invading the province of the County Judge, who must 

pass upon these facts. That decision is for him to make, and his ruling 

is final on the subject, in the absence of a showing of an abuse of that 

discretion, or fraud. 

SUMMARY 

In order to incorporate a new town, the County 

Judge must determine whether it has more than 200 

“inhabitants”. The decision is within the discretion 

of the County Judge, and his ruling is final in the 

absence of fraud or an abuse thereof. 

Very truly yours, 

Attorney General of Texas 

p. 714 
. . 

The Honorable M. D. Emerson, page 5 (H-153) 

APPROVED: 

Opinion Committee 

p. 715