: _. J 

EA ORNEY GENERAL 

OF TEXAS 

AUSTIN %&TEXAS 

March 13,'1962 

Honorable Bill A. Martin 

County Attorney 

Newton, Texas 

Opinion No. WW-1279 

ore : Whether Newton 

Water District 

County, Texas, 

CoU?-hY 

of Newton 

can transfer 

Its personal property and 

also its real property 

with a building thereon, 

to Newton County without 

Dear Sir: a public sale. 

In your recent letter you request our opinion 

on whether Newton County Water Supply District of Newton 

County, Texas, can transfer Its personal property and also 

Its real property with a building thereon to Newton County 

without a public sale. 

A summary of the relevant facts show that the 

Newton County Water 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 indebtedness with 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, speclflcally a 

building and lot with the furniture and fixtures. 

The Newton County Water Su 

8280-17 f 

ply District was 

created by virtue of Article Vernon's Civil 

Statutes. Section 3(a) of that Article provides: 

0 

. . .the district shall have and 

exercise, and is hereby vested with, all 

of the rights, powers, privileges, authority and duties conferred and Imposed by 

the General Laws of this State now in force 

or hereafter enacted, applicable to water 

control and improvement districts 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 

determine whether the district should be 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 District was abolished under Article 7880- 

'147~1, Vernon's Civil Statutes, providing: 

"All water control and Improvement 

districts organized or operating under 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 abolished by a majority vote of the 

taxpaying qualified voters residing in 

such district at an election held for the 

purpose of determining whether or not suc,h 

district shall be abolished. In the event 

any such district shall have outstanding 

bonds or other indebtedness maturing beyond 

the current year In which such abolition 

occurs, the Commissioners Court of the 

county in which such district is situated 

shall levy and cause to be collected as 

county taxes are assessed and collected 

sufficient taxes on all taxable property 

within such district to pay the principal 

and Interest on such bonds and other 

indebtedness when 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 shall be abolished 
. _.. . 

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

and the ,same after such election shall 

have no further authority extent that any 

debts incurred: shall,be Dald, and the 

organization shall be maintained until 

all.suah debts are paid. . . .' 

(EmDhas'X's added) ,j 

Wat'er control and Improvement districts are 

governmental agencies~ and as such may exercise only such 

powers as have expressly been delegated to It by the 

Legislature, or which 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 statutory authority enabling the 

Newton County Water Supply District to transfer property, 

real or personal, to the county after its abolition. Nor 

Is there any 1;plicatlon of such authority. Article 7880- 

147~5 states; . . .no further authority except that debts 

incurred shall be paid . . ." and this would seem to be 

a prohibition upon any activity besides paying the debts. 

It is therefore the opinion of this office that the 

Newton County Water Control District by virtue of Article 

7880-147~5, Vernon's Civil Statutes, Is without authority 

to do anything but see that the debts of the said district 

are paid. 

SUMMARY 

The abolished Newton County Water Supply 

District is without statutory authority 

by virtue of Article 7880-147~5, Vernon's 

Civil Statutes, to do anything besides 

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. 
Honorable Bill A. Martin, page 4 (WW-1279) 

Very truly yours, 

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.