AxlsTxN 11.TEXAS

March 29, 1951 OverruledbyM-758 Where Conflicts

Eolx.M*c. Iedbstter Opinlan Ro. V-1162 County Attoruey CochPancounty Morton, Texas Re¶

Dear Sire Authority of the cmmiasitmera' COuPtto lease a portion of the land comprising cochrau county Airport to a local roping audpolo association.
Your request for an opinion reads In part as follolis:
'The Commtssioners" Court of Cochmm County, under the provisions of Article 1269h of the Revised Civil Statutes, Acts 1941, purchased the followlug described laud for the establishment, maintehance, and operation of a County Air Port:
"All of Labor Rumber23, Lsague Rumlmr 103, Jeff Davis County School Lands, h Cochran Couutg, Texas.
"The air port was constructed and singe such time has been in operation and use'bs a public air port, maintained by.
cocm countya As In most cases of public air ports the entire labor of land purchased forthis purpose Is not necesaary for tins operation of the same. This being ths case, ths Cchmlsslonerse Court deaires to lease or permit the use of a portion of said land, being appmxfmatelg 360 feet by 150feet, riear a corner of said $F;t to a local roping andpolo asaooiaTheAssociatlou proposes to We this'plot of land for the purpose of erecting pens, an arena, au&light poles, and equipping the samefar rodeo purposes. The Association will finance the cost of coustructiou of this rodeo areha ahd other necessary imps-ovements in question thsPe= with, and said improvements will mperneinRon. MaCoLedbetter, page 2 (V-1.162)

the property of the Association. It is anticipated that admissicn charges will be collected by the Association to defray the expenses of the rodeos and other entertainments conducted by it o

“The question submitted~involves the authority of the Commissionerse Court under Article 1269h - D&Eas amendedby the Fiftieth Legislature of 1947 to permit the use of this land acquired for air port purposes, andnowbeing ured as such, for the purposes of staging rodeos by anAssociation and admission fees to be charged by said Associat.ion,”
The decisions of the Texas courts have repeatedly held that the commissioners” court is a court of limited jurisdiction and has only such powers as are conferred upon it, either by express terms or bynecessary implication, by the statutes and Constitution of this State. Childress Count v, St&, 127Tex, 343, 92S,W. 2d 1011 1935 V (Tex.Civ!App.)iglE errcr rLL’& Rose*Fy;Hb’;;;t;t ;~;IS.;805;8W,
289 (Tex,Civ.App. 1925); $.rtv2351, V,C.S.; Ii. Tex. ;I&. 632, Counties, Set, 95.

The only authority for the commissicnersR court of a county of this State to lease or sel.1 land acquired by the county for the purpose of maintaining and operating anairpcrt is contained in subdivisions D andEof Section 1, P.rticIe 1259h, V,C.S., as amendedby House Bill 688, Acts 50th Le,ri,, 1947, ch. 273, pa 473, which provide%

“D. In addition to the power herein granted the Ccmmissioners Courts of the several counties of this State are hereby authorized to lease an:: airport.~that has been or maybe acquired by t,hecounty, as herein provided, to any incorporated city or municipality within such county, or to the Federal Government, or to any other person, firm or corporation for the purpose of maintaining and operat,ing an airport; andproviding further that any incorporated city having acquired lrn4 for an airport,
or an airport, under tbc authority of this Act shall hove the ri,?hL,to l~easesaid land
or airport :;G the cccnty in which such incorporated city ia locztcd,.,Hon. M. C. Ledbetter, page 3 (v-1152)

“E. In addition to the power which It m3ynowhave, the Commissioners Court of any county or the governing body of any incorporated city in this State, shall have the power to sell., convey or lease all or part of any airport orproperty connected therewith, heretofore established or that maybe hereafter established: also any land which has been or maybe acquired under the provisions of this Act, to the United States ofAmerica for any purpose necessary for National Defense, or for air mall purposes or any other public purpose; or to the State of Texas or anybranch of the State Governmentwhich maybe authorized to ownor operate airports, and to any person, firm or corporation. TheCommissioners Court and governing body of any Incorporated ci%y shall promulgate rul.es and regulations for the use of any such airports. A,lthough subdivision Edoes not expres.sly state that a sale or leaze of a portion of airport property to a person, firm, or corpnration mustbe for somepurpose connected with the maintenance and operation of an airport, wethink th1.srestriction Is necescarily implied. Thelast sentonco ot’ this subdivisin, which states that

“the Commissioners Court and governing body of any incorporated city shall promulgate rules andregulations for the use of any such airports,” shcws that the property is still to be used as anairport after its sa1.e or lease. Sales or lcaeee to the United States are restrlcted to “any purpose neccnsary for National Defel;fse, or for air mail purposes cr any other public purpose0 Wethink this language contemplates uses by the Federal Government which are connnected with the maintenance of airport fa-

‘cilities. Likewise, the provision for sale or lease to the State of Texas or any branch of the State Government

“which maybe authorized. to ownor operate airports“ indicates that the property shall continue to be used for airport purposes. It might be contended that the omission of.words of restriction in regard to a sale or lease to a psrson, firm, or corporation negates an intention on the part of the Legislature to Impose any limitation on the uses to which the property was to be put. However, In the light of its other provisions and the legislative history of this statute, wethink It is more reasonable to conclude that the Legislature Intended to impose similar restrictions on the uses to be madeof the property by Individuals, firms

, and corljorations eHon. I& C. Ledbetter, page 4 (V-1162)



### Priorto 1947, this statute authorlzed cities, but not counties, to sell orlease all or any portion of their airports to the Federal Government, to the State Government, or to a person, firm, or corporation for certain purposes which, wethink, were clearly ix&tendedto relate to the maintenance and operation of anairport. Thr,purpose of the 194: amendment, as stated In the caption and as borne out by the emergency clause, was to authorize commlss,ioners~ courts to lease or sell alrports to any

### persN, f"Mzi, or corporation. 

### Therewas 30 intention to change the provIsiona of the existing lawwith respect to the power of cities to sell or lease to-individuals, firms, or corporations, so as to 

### remove the restriction that the property continue to be devoted to someuse connected with the operation of an airport. Thepurpose of the amendmentwasmerely to place cou&ties in the samestatus as cities in regard to their pcwer to sell or lease airport property.

It Is our ccncl~usion that the commissioners' court Is ai:!tho?fzed ~toIeti,se land acquired for airport purposes on3y for 8oineuse which is connected with the maintenance antinper;ltlon ,of3'nairport jl Therefore, we are of the opinion ihb.T the Cormnissioners~ Court of Co&ran County ctini~irr. i.ea,sea~portion of the Landcomprising the CochlrsnCounty Ailzport to a roping and polo association foI*i*cdaopurposes a

The eomnlssSoneiPsi court cannot lease
a po&.fon oftland comprLsing the county airport to a roping and polo association for 

### rode 0purposes o Art,. .t269h, Sub&. DandE, yis.,; ~;l~oug$y& Stated 127 Tex.

APPROVED%
J. C. Davis, Jr*
CoLlntg Affairs Dkvision



### JessePaLuiuton,

Jr, RevlewlngAEisista~t
Charles D, Mathews First Assistant
JRSmw Yours very truly,



### PRIC'E DANIEL Attorney General



### ?,,.J& -:, By;:a ,~ -'zl': ,::" John Reeves Assistant