: _. J

EA ORNEY 

### GENERAL OF TEXAS AUSTIN %&TEXAS

March 13,'1962

Honorable Bill A. Martin CountyAttorney Newton, Texas OpinionNo. WW-1279

ore: Whether Newton Water District County, Texas, CoU?-hY

of Newton can transfer Its personalproperty and also its real property with a building thereon, to Newton Countywithout Dear Sir: a public sale.

In your recent letteryou request our opinion on whether Newton County Water Supply District ofNewton County, Texas, can transfer Its personal property and also Its real propertywith a building thereon to Newton County without a public sale.

A summary of the relevant facts show that the Newton CountyWater Supply District of Newton County has been abolished as of 1961, under the provisions of Article 7880-147~1, Vernon's Civil Statutes. Further that the District collects its taxes through the county and Is in the process of paying off its indebtednesswith those taxes. .$750,000.00 bonds have been Issued and moat are still outstanding. The District desires to transfer personal and real property to the County, speclflcallya building and lotwith the furniture and fixtures.

The Newton County Water Su 8280-17fply Districtwas created by virtue ofArticle Vernon's Civil Statutes. Section 3(a) of thatArticle provides:

0

. . .thedistrict shall have and exercise, and is hereby vested with, all of the rights, powers, privileges, authority and duties conferred and Imposedby the General Laws of this State now in force or hereafter enacted, applicable to water control and improvementdistricts created. under the authority of Section 59,Article XVI of the Texas Constitution

. . .'Honorable Bill A. Martin, page 2 (WW-1279)

In Newton Count??

Water SUDDEN District v. 320 S.W.2d 158 (Clv.App. 1959 error ref. n.r.e.) the Bean, Board of Directors were required to hold an election to determinewhether the district shouldbe abolished.

In Weaver v. Newton County Water SUDD~Y District, 346 S.W.2d 156 (CiviApp. 1961 error vf. n.r.e.) the election abolishing the District was upheld.

The Districtwas abolished underArticle 7880- '147~1,Vernon's Civil Statutes, providing:

"Allwater control and Improvement districts organized or operatingunder the provisions of Chapter 25 of the General Laws passed by the 39th Legislature at its Regular Session, as amended, situated entirely within counties having a po ulation of less than eleven thousand(11,OOO P according to the last preceding United States census, may be abolishedby a majority vote of the taxpaying qualified voters residing in such district at an election held for the purpose of determiningwhether or not suc,h district shall be abolished. In the event any such district shall have outstanding bonds or other indebtednessmaturingbeyond the currentyear Inwhich such abolition occurs, the CommissionersCourt of the county inwhich such district is situated shall levy and cause to be collected as county taxes are assessed and collected sufficient taxes on all taxableproperty within such district to pay the principal and Interest on such bonds and other indebtednesswhen due." Article 7880-147~5,Vernon's Civil Statutes, states: "If the majority of those voting at such election vote In favor of abolishing such district, the said district shallbe abolished. _.. .

HonorableBill A. Martin, page 3 (WW-1279)~

and the ,sameafter such election shall have no furtherauthority extent that any debts incurred:

shall,be Dald, and the organization shallbe maintained until all.suahdebts are paid.

. . .' (EmDhas'X's

added) ,j
Wat'ercontrol and Improvementdistricts are governmental agencies~ and as suchmay exercise only such powers as have expressly been delegated to It by the Legislature, orwhich exist by clear and unquestioned implication.Tri-City Fresh Water SUDD~Y Dist. No. 2 of Harris Counts v. Mann. Att. Gen. 135 Tex. 280, 142 S.W.2d 945 (1940),and Attorney General's Opinion WW-473 (1958).

There is no statutoryauthority enabling the Newton County Water Supply District to transferproperty, real or personal, to the county after its abolition. Nor Is there any 1;plicatlonof such authority. Article 7880- 147~5 states;
. . .no further authorityexcept that debts incurred shallbe paid

. . ."and this would seem to be a prohibitionupon any activitybesides paying the debts. It is therefore the opinion of this office that the Newton County Water Control District by virtue ofArticle 7880-147~5,Vernon's Civil Statutes, Iswithout authority to do anythingbut see that the debts of the said district are paid.
SUMMARY

The abolishedNewton County Water Supply District iswithout statutory authority by virtue ofArticle 7880-147~5,Vernon's Civil Statutes, to do anythingbesides see that the debts of the said district are paid, and may not therefore transfer to Newton County real and/or personal property of the said District.HonorableBill A. Martin, page 4 (WW-1279)

Very trulyyours,

JHH:kkc WILL WILSON Attorney General of Texas

By John H. Hofmann Assistant APPROVED: OPINION COMMITTEE
W. V. Geppert, Chairman Linward Shivers Elmer McVey Virgil Pulliam Robert Lewis
REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.