ATT01awwY G*:N*:L*AL 

January 23, 1958 

Mr. A. C. Spenoer 

Executive Director 

Texas State Soil Conservation 

Board 

1012 First National Bank Building 

Temple, Texas 

Opinion No, WW-346 

Re: Are soil conservation districts, as 

authorized In H.B. 

444, Acts of the 47th 

Legislature, authorized to lease heavg 

equipment such as bulldozers, and maintainems, employ operators 

and use euch equipment 

in aarrying out aoil 

conservation practices 

&thin the boundaries 

of the looal soil conservation distriot? 

The District would 

charge the landowners 

for the use of such 

Dear Mr. Spencer: equipment. 

You have requested our opinion on whether soil conservation districts, as authorized in House Bill 444, Aots, 

47th Legislature, Regular Session, 1941, chapter 308, pages 

491-511 (Article 165a-4, V.C.S.); and hereinafter referred to 

as the State Soil Conservation Law, are authorized to lease 

heavy equipment such a8 bulldozers and maintainers, employ 

operators and use such equipment in carrying out soil conservation districts, and whether suoh districts could charge 

the landowners for the we of such equipment. 

3B.e following provisions of Subsections (l), (2), 

(3), (4), and (9) of Seation 7 of the State Soil Conservation 

Law are pertinent to your inquiry. 
-- c 

Mr. A, C. Spencer, Page 2 (W-346) 

"A Soil Conservation District 

and the supervisors thereof shall 

haie'the following powers, i . .: 

"(1) To carry out preventive 

and control measures within the district 

including, but not limited to, engineering 

operations, methods of cultivation, the' 

growing of vegetation, changes in use of 

land, and the measures listed In Subsection 

o@icJof s ection 2 of this Act, a . m on 

any other lands within the district upon 

obtaining the consent of the occupiers of 

such lands or the necessary rights or 

interest in such lands; 

"(2) To cooperate or enter into 

agreements with, and, within the limfts 

of appropriations duly made available to it 

by law, to furnish financial or other aid 

to, . . . any occupier of lands within the 

district, subject to such conditions as the 

supervisors may deem necessary to advance 

the purposes of this Act; 

“(3) * D . and to sell, lease, 

or otherwise dispose of any of its property . . . in furtherance of the purposes 

and the provisions of this Act; 

“(9) As a condition to the extending of any benefits under this Actto& 

or the performance of work upon, any lands 

not owned or controlled by this State OP 

any of Its agencies, the supervisors may 

require contributions in the form of services, 

materials, or otherwise to any operation conferring such benefits, and may require land 
r - 

Mr. A. C. Spencer, Page 3 (w-346) 

occupiers to enter into and perform such 

agreements OP covenants as to the permanent 

use of such lards a8 will tend to prevent 

OP control erosion thereon." (Fmghaals ours) 

Subsection (14) of Section 3 of the State Soil Conservation Law defines "Land Occupier" OP "Occupiers of Land" 

as "any person, firm OP corporation who shall hold title to or 

be in possession of any lands lying within a district organized 

under the provisions of this Act, whether as owner, lessee, 

renter, tenant or otherwise". 

It is noted that the stated Intent of Subsection (1) 

of Section 7 of the State Soil Conaervatlon Law, au ra is to 

incorporate by reference certain measures listad~ 37% n Su section 

o of Section 2 of the Act; however, inasmuch as Section 2 does 

not contain a Subsection 0, the reference is erroneoua. This 

reference in the enrolled bill of the Act (H.B. No, 444, 47th 

Legislature, R.S,, 1941, Ch. 308, p. 1364) is to "Subsection 

c of Se&ion 2". Furthermore, in the enrolled bfll, the third 

subsection of Section 2 is labeled "(c)". In view of the typographical error in the printed volume of General and Special 

Laws, 47th Legislature, Regular Session, 1941, and the form 

inconsistency In the enrolled bill, it is obvious that the 

reference In question correctly should be to Subsection (c) 

of Section 2 of the Act. 

Subsections (1) and (2) of Section 7 of the State Soil 

Conservation Law, su ra, authorize the supervisors of local soil 

conservation distr T-f- c sto undertake, in cooperation with the 

occupiers of private lands, the measures specified in the Act 

OP other measurea which achieve the purposes of the Act. The 

scope of this general directive, in our opinion, 1s of sufficient breadth to authorize the supervisors of local soil conservation districts to lease machinery and equipment belonging 

to the district to anyone classified as an "occupier of land", 

for use on lands lying within the district, provided such use 

accomplishes one or more of the objectives of the State Soil 

Conservation Law. 

I 1 

This leasing authority is further supported 

by Subsection 3 of Section 7, supra, and also by the language 

of Subsection 4 of Section 7; supra, wherein the supervisors 

are authorized "to make availabln land occupiers, agrfcultural and engineering machinery and equipment to be used in 

the conservat&on of soil resources and for the prevention and 

control of soil erosion. 

It is clear that if certain types of the equipment 

and machinery used to carry out many of these measures are to 

achieve the desired results, the services of skilled operators 

will be required. It la not difficult to vfsualize that in 

many Instances, it would be a vain deed should the supervisors 

lease such equipment and not provide the lessee with an operator 
-- . 

Mr. A. C. Spencer, Page 4 (w-346) 

capable of running the machine in such a manner as would 

insure that it performed the work for which it was designed. 

In OUP opinion, the aforementioned Subsections (I), (2) and 

(4) of Section 7 of the Act, sunra, implfedly authorize the 

supervisors to furnish qualified operators of the machinery 

and equipment leased to the occupiers of private lands. 

Statutes lmplledly authorize whatever is necessary to 

execute their commands. Terre11 v. 

135 S.W. 519 (1911). 

Sparks, 104 Tex. 191, 

Although the purposes of the State Soil Conservation Law are served the use, of equipment and machinery of 

the local districts on private lands, it is obvious that the 

accomplishment of such objectives also confers a direct 

benefit to these lands. Both the provisions of Subsections 

(4) and (9) of Section 7 of the Act, supra, authorize the 

local district supervisors to charge the lessees a consideration for the use of such equipment on their lands. Under 

these provisions, the supervisors of each soil conservation 

district are permitted to determine the amount of consideration that Is to be charged for the lease of its equipment. 

SUMMARY 

The supervisors of local 

soil conservation districts, 

under the provisions of the 

State Soil Conservation Law, 

PS 

ouse Bill 444, Acts, 47th Leg., 

1941, sh. 308, pp* 491- 

5iljz are authorized to lease 

equipment and machinery belonging to the destrict to the 

occupiers of private lands, 

for uses on such lands3 lying 

within the boundaries of the 

district, which conform with 

the purposes ofthis law and in 

conjunction therewith, to 

furnish operators for such 
.- 

MI-. A. C. Spencer, Page 5 (WW-346) 

leased equipment and to 

charge the land occupier 

for its use. 

DRT:wam 

APPROVED: 

OPINION COMMITTEE 

Geo. P. Blackburn, Chairman 

B. H. Timmins, Jr. 

Mary Kate Wall 

Milton Richardson 

Yours very truly, 

neral of Texa 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: W. V. Geppert