May 31, 1966 

Davis 

and Water Conservation Hoard 

National Building 

Temple, Texas 

Opinion No. C-699 

Re: Does a Soil and Water Conservation District, as a governmental subdivision of the State 

of Texas with powers and restrictions as set forth by Article 

165a-4, V.C.S., have the authority 

to form a separate corporation, 

non-profit in nature, to own and 

operate a natural gas distribution 

Dear Sir: system? 

You have requested an opinion of this office concerning 

the following question: 

"Does a Soil and Water Conservation 

District, as a governmental subdivision 

of the State of Texas with powers and 

restrictions as set forth by Article 165a-4, 

V.C.S., have the authority to form a separate corporation, non-profit in nature, to 

own and 

system?" 

operate a natural gas distribution 

A "soil and water conservation district" (now so dasignated under Acts 1965, Page 370, Ch. 176) is governed by the 

provisions of Article 165a-4, V.C.S., such law being passed 

to carry out the mandate expressed in Article 16, Sec. 59, 

Constitution of the State of Texas. Article 165a-4 authorizes 

the creation of such districts and vests them with certain 

powers to carry out the purposes set forth in the statute. 

Such districts are political subdivisions of the State with 

authority to exercise certain rights, privileges and functions 

pertadning to conservation and reclamation. Attorney General's 

Opinion V-999. 

The districts authorized by Article 165a-4 are vested with 

the same powers and must operate within the same limitation as 

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Mr. Harvey Davis, page 2 (C-699) 

other conservation districts authorized by the Legislature 

to carry out the mandate of Article 16, Sec. 59. Attorney 

General's Ooinion No. V-69. A soil conservation district 

may thus be*consldered to-perform limited rather than general 

functions. Lower Nueces River Water Supply District v. Cart- 

~;;;3", 274 S.W.2d 199, (Tex.Civ.App., error ref., n.r.e. 

Speaking generally of the nature and extent of powers 

possessed by a conservation district similar to a soil conservation district, the Supreme Court, in Tri-City Fresh 

Water Sunply District No. 2 of Harris County v. Mann, 1% 

Tex. 280, 142 S.W.2d 945 (1940), had the following to say: 

"The powers of such district are 

measured by the terms of statutes which 

authorized their creation, and they can 

exercise no authority that has not been 

clearly granted by the Legislature." 

(&phasl:s added) 

A close review of Article 164a-4 falls to yield any 

specific authorization allowing a soil conservation district 

to form a separate corporation to own and operate a natural 

gas distribution system. Failing such specific authorizntion, 

we therefore conclude that under the terms of Article 165a-4, 

a so11 conservation district may not create a separate, nonprofit corporation to own and operate a natural gas distribution system. 

SUMMARY 

Article 165a-4 does not authorize 

a soil and water conservation district 

to create a separate, non-profit corporation for the purposes of owning and operating a natural gas distribution system. 

Yours very truly, 

WAGGONER CARR 

era1 of Texas 

GCB,jr/vmo 

Assistant Attor 
Mr. Harvey Davis, page 3 (c-699) 

APPROVED: 

OPINION CCMMITTEE 

W. V. Gsppert, Chairman 

Pat Bailey 

Roy Johnson 

Roger Tyler 

Wade Anderson 

APPROVED FOR THE ATTORNEY GEZiERAL 

By: T. B. Wright 

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