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 

or6at6dmroad dirtriat aad the 

rffeot of maoh' oreatioa upon 

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, inoorporatiag ther6in th6 

City Of &onY~EVillO and Eon16 surrounding t6rritOrJr. 

Based upon a petition 6ignQd by the rsquisite numb6r of 

r68idEnf property t6xpaying voters of said distriot, 

and aftsi the notiae nquired w law in Arti. 7626, a 

hearing me 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 County Road Distriot "A6 be created, whioh said M&riot muld include 

all of Road District One and mm6 additional territory to 

the U6est thereof, and, upon the petition of the requi6ite 

number of resident propsrty taxpaying voters, an Orgrw68-6ntared for a hearing to datetine whether or not a bond eleotion in said Road District "4" should be 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 oanoelled and 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. 

proponsnts of each district hop6 that whichever bond eleotion carries, the State Highway Department will designate 
Honorable Jaok Rieoh, page #2 (o-2920) 

the proposed road as a State Highuay and that the bonds 

issued thereunder will partioipate under the one cent 

gasoline tax of Rousa Bill 688, 46th Legislature, Regular Session, Chapter 3, page 682, 80 that the bonds of 

either.distriot must 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 

"Whether a road distriot within a county may be 

created which includes a previously created road district, and particularly ðer 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 above mentioned, mre 

legally and properly oarried out, it must be conoeded that Road DistrictL Number One was legally and validly established. 

Artiola '75200 reads, in part, a8 followsr 

"But exoept as herein specifically permitted no 

frao$ional part of a previously created road distriot 

‘shall be included within the limit of the road district created under 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 in Article 7620~ is against the subsequent 

cmation of a road district, the territory of which would overlapthat 

of a road district previously created, and oan, therefore, have no effect on such previously oreated district. 

The exception mentioned in the above quoted article has refersnce to 

the compensation bond statutes, Artioles 767d, et seq., and Is not pertinent to the situation in the instant matter. 

The pro-ceedings had in connection withtha crsaticn of Road Distriot 

"A" being prohibited by law, mu think void ab initio, and you are 60 advised. 

Trusting that the foregoing satisfactorily answer8 your inquiry, we fire 

Very truly yours, 

APPROVED DEC 20, 1940 

Grover Sellers 

FIRST ASSISTXNT hTTOH?FX GENFNU 

CEC-sgegw 

ATTORl?EYGEXERALO~TEXM 

By's/ Cl areme E. Crow0 

Clarence E. Crow0 

Assistant