Honorable Jaok Weoh County Attorney Carneion

county Brewnwille, Texas

har Sir8 Opinion Ru&6r O-2920 Be: Validity of a road dintriot FhiOh inoIud66 a previously or6at6dmroaddirtriat aad the rffeot of maoh'oreatioaupon the diEtriot aErlapp6d.

Ik hWU **YOUr lOtt6r**  **Of.** %Wl6bOr 22, **rEqU66tillg OUT**  **opinion on**  the question arising out of the following state of faotst

6Th6 C~666i66i~6r6' **COU@** Of C6mrOn CoUnty, TOmE, by authorltp of Art1016 7520, Rwissd civil Statute6 of Texar, 1926, or6atEd CamEron County Road District#1 during the month of October, inoorporatiagther6in th6 City Of &onY~EVillOand Eon16surroundingt6rritOrJr. Based upon a petition 6ignQdby the rsquisitenumb6r of r68idEnf property t6xpayingvoters of said distriot, and aftsi the notiae nquired w law inArti. 7626,a hearingme had thereon on Hov6&6r 6, 1940, under &tiale 7620; and the Comrmisaionara~ Court than ord6rEd a bond eleotion for D606mb6+ 7, 1840, of )266,00% Upon said i%mmber 6, 1940, a group of oltirenr appeared bfor6 the Cmmis6iomrs1 Court of this County and requested that
a 66oond distfiot, to be called Cameron CountyRoad Distriot "A6 be created,whioh said M&riot muld include all of Road District One and mm6 additional territory to the U6estthereof, and, upon the petition of the requi6ite number of resident propsrty taxpayingvoters, an Orgrw68-6ntared for a hearing to datetine whether or not a bond eleotion in saidRoad District "4" shouldbe held. The proponents of Road District "46 agree that if the bond election of Road Diatriot One, on December 7, carries,the said Road District "11"

should be oanoelledand nothing further done thersrith.. Ebwever, if t# qaid bond elsation of Road Distri&,Q, f64l.18

to carry, the propDnent8 of said Road Dietriot1&*hop6 to be able to carry their said election. proponsntsof each district hop6 that whichever bond eleotion carries, the State Highway Departmentwill designateHonorable JaokRieoh, page #2 (o-2920)

the proposed road as a State Highuay and that the bonds issued thereunderwill partioipateunder the one cent gasoline tax of Rousa Bill 688, 46th Legislature,Regular Session, Chapter 3, page 682, 80 that the bonds of either.distriotmust have b&n voted and issued by January 1, 1943; henos, timb'is bf the dse.enc~~~

The legal question arising from th.a foregoing and upon which our opinion is requested Isa

"Whethera road distriotwithin a countymay be createdwhich includes a previously created road district, and particularlyðer the creation of said two districts,as hereinabove set out,would invalidate the bond issue of either,"
Assuning for the purposes of this opinion that the steps taken in the oreation of '~ Road District Nurmber One abovementioned, mre legally and properly oarried out, it must be conoededthat Road DistrictL Number One was legally and validly established.

Artiola '75200 reads, in part, a8 followsr

"But exoept as herein specificallypermitted no frao$ionalpart of a previously createdroad distriot ‘shall be includedwithin the limit of the road district createdunder the provisions of this Aot, e e .".

In our opinion this artiale precludes the creation of-Road District "A"mentioned in your lettsrr Further, it is our opinion that the crea- $ipn of Road District "A" oan in nowise affect the validity of Road Distriot One, inasmuch as-Road District Kumber (he was previously created, The prohibition aontained inArticle 7620~ is against the subsequent cmation of a road district,the territory of which would overlapthat of a road districtpreviously created, and oan,therefore, have no effect on such previously oreated district.

The exceptionmentioned in the above quoted articlehas refersnce to the compensationbond statutes,Artioles 767d, et seq., and Is not pertinent to the situation in the instant matter.
The pro-ceedings

had in connectionwiththa crsaticn of Road Distriot "A" being prohibitedby law, mu thinkvoid ab initio, and you are 60 advised. Trusting that the foregoing satisfactorilyanswer8your inquiry,we fire
Very truly yours,

APPROVED DEC 20, 1940 Grover Sellers FIRSTASSISTXNT hTTOH?FX GENFNU CEC-sgegw ATTORl?EYGEXERALO~TEXM
By's/ Clareme E. Crow0 ClarenceE. Crow0

Assistant