OFFICE OFTHEATTORNEY GENERALOFTEXAS 

AUSTIN 

Hon. V. a. Earshall, ChaInen 

State Soil ConservatfOn Hoard 

Profeaslonal Building 

Temple, Texas 

Dear Sir: 

elections. 

Your request toz a&i.&m on the 

a8 are herein set out has been,Fqcei ed by this 

ment. / ,./ ~.\ \ 

Your qu8~tloJle 

666 
Hon. V. C. Marshall, *page 2 

notices? 

"(7) When certain fund6 appropriated 

for oarrying out the law are exhausted 

how may the Board operate to carry out the 

law as is provided In setting up 6istriot8 

and to aSei&i in the operation of dlatri&8? 

"(8) How may the bcerd assemble Information that will enable judgea at an ele&-, 

tiOn t0 &eteZ?IihA8 Who if4 qUt%lifie 

when such Lnfowatlon is made 

t0 vote, 

av & able to 

the juQges at such elsation?m ' 

Artiole ,16%a4 Aots of 

known and cited as the &ate 8011 

Ill part 86 ?OllOWt 

veJ% 3. mler8ver wed of refe,frs4 to 

In this bat, Wleas a Uiiiaront meunzr~& 

olearly appears from the oontextt 

the 46th tiglelatu-6, 

Cowenatlon tar mm68 

a.... 

Lnl 

a(l8) *Lhn&mmr~ or 'Owner of Land 

Lying outside oi Idaorporatea Otti and 

8' inOlude$ Urg ~pil'00t1 Whohold 7 18d 

or equitable title OP any lands lying within a Soil Conservation Distriot organtied 

under the p~~vlslons of th$s Aat and who 

Is a duly QU9.fifi8d rotor within a&h aistriot . 

R . ..* 

*(14) %u IYotioe* means notioe published at least twiae, w%th an Interval of 

at least 8efen t7)'day8 between the 'trro [8) 

pub&3atlom3 datefi, In a newspa ef or other 

publioatlon of general oimulat E oa within 

the appropriate area, or 2X no such p%xblloation of general airoulation be available, 

by posting at a I?ea8Onabla number of @onsplouow 
668 

plmm~ vrlthln the ap~raprlate am, mdh 

poetlw to lnolude, wharc poeslble,~ smtin& at rublie p1W8B -hews it may t?a bUSbewry to poet notlaes aonawnl~ oauaty 

or mmlalpal affairs, @merelly. At any 

haarlng he18 purnumt ta sue& motiak, at 

the time and ,aaoe desigmted in 6wh notioe, 

adfbumment !ay he *abe tn# time to tfma 

without the neamolty d remwing suoh 

not&e for auoh adJcubuxl &ate&* 

fkotion 5 of the kot relatlvo to the dreation 

of soil oon.servetloa Ulstriotr meda in part 186 follower 

All ImndWa3ef8 rlthla the 

boandk%i't'h@ terrltoWae 4Otermlasd 

by the State Wail. C=oannetlcn &o&i, ahall 

'4 eliglblo to vote in ewh electlone CmXy 

such landamero ehall be ell&ble to vote. 

9. The Euerd nbell pay 'all expenses 

far the lamema Or meh n0tiee11 and the 

( 

Eleation laws of thlo P+ate, me t em hsrs; 

in athemlee praoideil, and ezeep e-tEmat the 

ballot ahall not be nutsbered or sarltsd l'or 

identl?icrrtioa purposee, 

"I?. The Besir shall publish the result 

ot ewh l leetian and &e&l thereefter acme%- 

der,apU cetermlne uhether the opemtioa of the 

diBtrfot rit 

?i 

x$aft&t;;: 
Hon. V. C. h'arshall, Page 4 

of such district is not administratively 

practicable and feasible, it shall record 

such determination and deny the petition. 

If the Board shall determine that the operation of such district is administratively 

practicable and feasible, it shall record 

such determination and shall proceed with 

the organization of the distrlot in the 

manner hereinafter provided. In making such 

determinstion the Board shall give due regard to and weight to the attitudes or 

the owners of lanes lying within the defined 

boundaries, the number of resident landowners 

eligible to vote In such election who shall 

have voted, the proportion of the votes cast 

in such election in favor' of the creation of 

the district to the total number of votes 

cast, the approximate wealth and inaome~o? 

the landowners of the proposed dlstriet, the 

probably expense of carrying on.erosion-control 

operations within such district, and such other 

economic and social factors as may be relevant 

to such determinations, having due regard to 

the legislative determinations set forth-in 

Section i2 of this Act, provided, however, 

that the hoard shall not have authority to 

determine thatthe operation of the proposed 

distriot within the defined boundaries is 

administratively praotiaable ana feaslble.unless at least two-thirds OS the votes cast in 

the election upon the proposition of creating 

of the district shall have been cast in favor 

of the creation of such district.* 

Paragraph H of Section 4 or the Act provides 

that: 

"The State Treasurer shall have the care 

and custody or all rude and securities of the 

State Board and shall be liable on his ofilalal 

bond for the lawful care, custody, application 

and disbursement thereof. Any funds coming into the hands of the Treasurer of this State, as 

hereinafter provided, Bhall be by him credited 

to a special fund to be known as the State Soil 
670 

Bon. V. C. Earshall, Page 5 

Conservation Fund and the moneys hereafter 

deposited or credl.ted in suah fund are ‘hereby 

appropriated to the use and benefit of the 

State Soil Conservation Board, as may be by 

said Board used in compliance with this Act. 

The Board shall provide and furnish a bieMie1 

audit byna State Auditor and Effiaienby Expert 

and a report to the Governor of the State." 

The appropriation for the use of the State Soil 

Conservation Board in the administration of the Texas Soil 

Conservation Law IS provided therein. The General Departmental Appropriation Bill of the 46th Legislature; Senate 

Bill No. 427, does not inolude the State Soil Conservation 

Board among the state departments and a~enaies It covers. 

Section 14 of the Texas Soil Conservation Law 

calls for the appropriation or the sum of Ten Thousand 

($10,000) Dollars for the purpose of areating and malntaining the State Soil Conservation Boar& until August 31, 1939. 

The purposes for which this s'um may be expended are not 

itemized. 

Section 14a provides ror the approprfatlon of 

several sums for the two year period beginning September 

1, 1939 and ending August 1, 1941. A speolfio sum is 

designated In each instance along with the purpose or 

purposes for wbiah it may be expended, Under' the heading "Expenses of District Organization, RearinSa, Referenda 

and Supervision" the sum or Six Hundred (8600) Dollars 

for the ear ending August 31, 1940, and the sum of Four 

Bundrea 1 $400) Dollars for the year ending August 31, 1941 

are earmarked for publication of notices. 

of Six Hundred ($600) Dollars for the 

Likewise, a sum 

31, 1940 end the sum of Four Hundred ( 

ear ending August 

% 400) Dollar8 for 

the year endinS August 31, 1941, are earmaFke6 for publication or results. Also, a sum of Twenty-one Hundred ana 

Sixty 12,160) Dollars for the year ending August 31, 1940 

and the sum of Fourteen Hundred and Forty ($1,440) Dollars 

for the year ending August 31, 1941, ere earmarked ror election of District Supervisors and a sum of Six Hundred (8600) 

D 11 fm QA‘ d¶q-August 31, 1940, snd FOUr Hund~ede~~40~~ Dollars for the year ending August 31, 1941 

are earmarked tor publication of results and One Rundred and 

Twenty ($120) Dollars for the year ending August 31, 1940 
Ron. V. C. Farshall, Rage d b 

and the swu or One Hundred and Eighty ($180) Dollars for 

the year enafng August 31, 1931 are earmarked for publication of hearing notices. 

St is, 0r oourae, elementary law that money 

appropriated by the legislature cannot be used ?or any 

other purpose than that specified in the ~appropriation 

bill without constituting a mieapRlioetion 0r public funds. 

Ts!e quote ?rcm aonferenae opinion rendered by the 

Attorney General’s Department August 18, 1921, aa follows: 

*It is the law ef the state that no part 

of the money appropriated by the legislature 

can be used for any purpose other than the 

specific purpose named in the appropriation 

bill. An expenditure for a purpose other than 

the one ?or which the money uas appropaiated 

would be a misapplicstion o? public ?unds. The 

Comptroller would not be authorized to draw its 

warrants on any runas or rar any purpose exoept 

the purpose name&-In the Act, and the Treasurer 

would be without authority to honor a warrant’ 

on any fund for any purpose except that named 

in the appropriation blll.R 

This principle applies to all ‘the several slums 

of u,oney set forth in Section lk and their respeotive 

purposes. In other words, money appropriated for one purpose cannot be used ?or another purpose even if there 

happens to be a surplus in the former and a shortage in 

the letter tuna. 

Regarding the method of selection, quallilaatlon 

end tenure of Soil Conservation District Supervisorsthe 

Act provides t 

“All landowners within the dlstrlct shall 

be eligible to vote in such election. Only 

suah landowners shall be eligible to vote. The 

three (3) candidates-who shell receive the largest 

number, respectively, o? the votes cast in such 

election shall be the elected Supervisors for 

such &iBtriOt. The Board shall pay all the expenses of such election, shall supervise the 

conduot thereof in con?ormity with the General 

Election laws a? this State, except as hereigts 

otherwise provided, and except that the bellbfs 
Ron. v. 0. Rarshall, P8g% 0 

shall not b% nmb8r%d a marked for idontitioaticm purymau; almll pre8orikx8guhtL0ne 

ga*ean~t?io oonduet of suoh l le6tlorkur4tbo 

dot%mlnatlon oi the oXi&bll.lty Qf 0ot.n 

the&k, ad shall pobli8b tko notlrt6 tb%r%oi." 

R%#~H~thoadoptioa of l.%nWmo roeul%tioa% 

the 8tatds proddeer 

a~oSupervi80r~ lrballmt &no l uther%t~ 

to annet 8uoh l8n6-uao mjpJatloacr~lnt0 lm 

untileft%rthoy eb%llh%Y%o%u%%adw not100 

t0 b gi~~rr 0r tha intmtion to 008doot UL 

l l%%tio o fr , %a tml8a4 Nn 6 %u8lwl h @ 8t1 088 to 

the lan&mm%r%witbim thobounQsrk8of tbo 

4lotrlotfor tboS.rlndloatioxw at* provalor 

al%approval of mxth oropowa n@a e m%, and 

uutil aftorths Sup%rvl%or%hav% ooMldom& 

the r %%uor lt a uel b lutlo n.... All luk a wn%r 8 

rlthln tb dlstrtot #la&l be ol 

la oaamntdtydththo ~Gu~%rsl 

of this State, o 

vl&%Q, ada~optt =T 

8% h%resm oth%lMu protthe ballet %halln& k 

numbpd or nmrkod for ldantifioatlon piupo~. 

..*. 

~ViX’tUO Of tb% fOFU@0~8t&&t, ~OUU'Ol-O8p%etf'UlLy at?r%sed that it 18 the opinion of this dopartr%8tthstyoUrqU%8tioM ShOdd boua%w%r%da8foUast 

Wh%a b. men %ad hi8 wife own a farm r1W.n the 

bouzUlarS%8%? the torritciry as d%t%rmin%d brtbo 8t%k 8011 

bM%?t8tiO8 baPd 8nd.r88ido dthln .SltOh t%ZdtofJ, both 

tho hu%b%nU and ri?% ohall bo ontltled to rota Irr the olo%- 

tloDa he14 tnder the dot providead t&y %r% oth%rwS%o quallflsd ttndor the Constltutfon tma lem oi this Bteito. 

2. A larml%wxt%r living in the Lnoorporated sltiea 

OT tOWM Who OlVM hndS OUtsid th0 OCU'ptUatO ligit@ Of 

8l.d city or tCmn within tho barurdrriO8 Of thO4iOX'rltoX'y 

aa U%t%ntlneU by tk St&o OoiZ Conematloa Boati would 

not be pemittod to rota In the oleotlua# hold under the 

Aat. 

3. ?Fh%n 613 olcratfon 18 order%& by the ?kmld ln (I 
Eon. v. c. E8rshall, Page a 

propowl dlstrlot all lnndouno~'E rithin the botm4ariw 

of t-tory aa detenained M the State Soil ComenatIon 

Board shall be eligible to rote In sueh oleetlon6 aa4 only 

awh len4tmaer&! e&all k l llglble to rote, provide4 they 

are othorwln quallfled under the Constitution and lm~ 

of this State, ti. 

4. Xaoorporated 6ltIes an4 towna should not 

be inoluded as a par% ai a dlstrlot. 

5. The State Board would not be pomltted under 

the lau to peat notioee oS an l leotlon or pub110 huarIoga 

rather then t+ publIsh emah notloes where there ir R nm8- 

paper or other publloatloa of generul olroulatlon dthln 

tke appropriate area or territory, in ~ompllanoe with Art. 

me, R c. 6, 

6. Whon app 

holalig eleatlons are 3 bl wted the Aot pmtldea no other 

rlatlonrr r0r posting notioee or 

means by *Ioh the E#rd may oontinw holdfng 8wh alootalons and poaflq notloe8 and pay ior the sam until there 

Is an appropriation by the legislature for uuoh pmrpasee. 

7, The Aot wntain8 no pre~lsion authorizing 

the aOa+ in nttlag up dlatriote f&l amsltilng 1.n the 

operation or diatribts why iundei appropriated for theae 

spoltlo purposea 8x0 exhfmstedr 

8. Tbe etatuts pratldgs that the Isou?d shall 

prvsorlbe reguletlons @Yeming the eonduet o? l leotiona 

an4 the 46tenainatlon of eligibility of voters therein. 

9'3~ Aat prerarlbes no manner byrhiab tha Boar4 may amemble Inionmtien that will enable Judge6 at en l leot%on to 

d&endw who 1s +alSfiod to vote. Thle matter Is within 

the 41soretlon 0r the Fk?e4*, 

v* rcanala 

Trusting that w have fully awverrd your inquiry, 

very truly your8