OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN 1

**GROVER SELLERS** 

Xonorable H. L. Robarson County Attorney, Minkler County Kermit, Texas .t’\ \ i Dear Sir: Attention: W.T. Ralr n-J\ \ Opinion No. 04175\ i. Re: In a -bondeleotion in ‘a~oUnty voting lacilidB..,wheraby a li*n f9 created 09 thu. real dstate”@erein situdted, are bhe voters in such county,,quali.fleb to vote under Hrticlei2855a, Revised Civil Statutes fhaprender any kind oi /,,..e.lgroperag fy taxation?

, ‘\ i

‘-. Weare, 1;’ r&ipt ‘r, ‘x. Ot an o$inl.m~ request signed by Honorable if. T. H&iri~: imsisbant County’httorney of Winkler County, reading as~10wa{~,‘
,, ) js

, “In .a bond’sle&foa J!l a county voting bonds whamby-a lien is OTeatsWon the real estate therein

. eltuated;‘are.~the votwr21 in suah oounty qualified to

vote under rrt’hcls 2955a, R. S. that render any kind of property r~or‘taxtition, or does Article 2955b oontrol a&d’in ordei to be qualified to vote such voters znusb,OWP,

and.* render real estate tor taxation before they aan.vbte tn such election?

‘i %bdII (2) page 1186, Border et al. Y. Abel1 County Attorney. nSee;nsto lean to Article 2955a, R. 9. and disregard the validity of Artiole 2955b, R.S. However, since the validity of said ,rti’cle is not there definitely passed on and I cannot find any mse where the supreme Court h;ls ruled on sdd ‘zticle, and it appearing that there is some confllct between .\rticle 2955b, and section 3a, of isticle 6of the oonstltutional provision adopted November 0th 1932, such section Ja, of .zticle 6, not specifying real estate, I amseeking an opinion from your ofrice.Honorsble H. L. iloberson, puge 2 

### ,779

“Can Winkler County, Texas, vote bonds in the sumof Fifty thousand dollars, andwith the proceeds derived from the sale of said bonds chase the surfaos right only to one hundred P”’ s xty aores of land and thereon establish a oounty park; the mineral riRhts o? said on8 hundred sixty aorss of laid being oested in an oil oompanywhohas the right of ingress, egress andregress to the surface of said one hundred sixty aores of land and whoha8 the right to thereupon drill as many011 wells as the epaoing rules will permit and by so doing destroy the oounty park Wlnkler County her established? Or is It not a hot that Winkler County must purohase the mineral rights as well as the surfaoe right berore Winkler County through its Commlsslonera Court can legally expend any tax or bond monlee oollected for the purpose of establishing or maintaining suoh county park? In other words will Winkler County have to ownthe one hundred sixty aores of land in fee simple from surfaoe to oenter of the earth in order to spend the tax moneyof Wlnkler County legally on suoh a pub110 venture?

“This request Is very hurriedly madeup as Hon. J. B. Salmon, County Judge of Winkler County, 18 nowin Austin and hss requested that we get an opinion from your office as soon as possible and he in te$szz will call at your oftiae for suoh opinion.
Replying to your first question, you are advised that * this departzuant has ruled several tlaes thet HTticle 2955b is unconstitutional, for the reason that it limits qualified 

## vot~era Zn %?m -wn7~

hrioa bu’ry renberea to the express language in $0 roperty for taxation, contrary 3e,of srtlcle 6 of the Constitution. In the case of Texas Publia Utilities Corporation v. Zolland, the Fort Worth Count of civil Appeals held that all persons whohad paid their poll tax andwhoownedtaxable property, either real or personal, were qualified to vote if their property was rendered by them personally or throuRh an agent or VISSassessed by the Tax Assessor if the property owner h:adrailed to render the property.

;:e have been unable to find any case wherein the courte have passed upon your second question, but it is our opinion that;Ionor;rbre ii. L. noburson, page 3

the County should have a fee simple title to the land. Qticle 6078, as a.?endedby the 47th Legislature, Chapter 270, page 437, conta ins the tollowlng language :

“Said oourt shall **have** full power and control over any and all such parks andmaylevy an annual tsx eufrloient in their judgment to properly maintain euoh parks and build and oonstruot pavilions and suoh other buildings as they maydeemneoessary, lay out and open driveways andwalks, pave the sameor any part thereof, set out trees and shrubbery, oonstruot ditohen or lakes, andmakesuch other improvements as they may deem proper. **Suoh** parks shall remain open for the free use of the pub110 under suoh reascnable rules and regulations as said court nay presoribe.W

The foregoing ie inconsistent with the right of an oil companyto enter the park and OOnStrUOtsuoh roads as it mayfind oonvenient and to drill 88 many 011 wells as the spacing rules will permit. The County should own all the rights pertaining to the land before It expends any tax money in providing a oounty park otherwise it could not exeroise Vu11 power and oontrol” over it.

Yours very truly
ATTORNEY

GENERAL

OF TEXAS

. C. F. Gibson ASSiSt&ant