Attorney General Opinion WW-1279

: _. J EA ORNEY GENERAL OF TEXAS AUSTIN %&TEXAS March 13,'1962 Honorable Bill A. Martin County Attorney Newton, Texas Opinion No. WW-1279 ore : Whether Newton Water District County, Texas, CoU?-hY of Newton can transfer Its personal property and also its real property with a building thereon, to Newton County without Dear Sir: a public sale. In your recent letter you request our opinion on whether Newton County Water Supply District of Newton County, Texas, can transfer Its personal property and also Its real property with a building thereon to Newton County without a public sale. A summary of the relevant facts show that the Newton County Water Supply District of Newton County has been abolished as of 1961, under the provisions of Article 7880-147~1, Vernon's Civil Statutes. Further that the District collects its taxes through the county and Is in the process of paying off its indebtedness with those taxes. .$750,000.00 bonds have been Issued and moat are still outstanding. The District desires to transfer personal and real property to the County, speclflcally a building and lot with the furniture and fixtures. The Newton County Water Su 8280-17 f ply District was created by virtue of Article Vernon's Civil Statutes. Section 3(a) of that Article provides: 0 . . .the district shall have and exercise, and is hereby vested with, all of the rights, powers, privileges, author- ity and duties conferred and Imposed by the General Laws of this State now in force or hereafter enacted, applicable to water control and improvement districts created. under the authority of Section 59, Article XVI of the Texas Constitution . . .' Honorable Bill A. Martin, page 2 (WW-1279) In Newton Count?? Water SUDDEN District v. 320 S.W.2d 158 (Clv.App. 1959 error ref. n.r.e.) the Bean, Board of Directors were required to hold an election to determine whether the district should be abolished. In Weaver v. Newton County Water SUDD~Y District, 346 S.W.2d 156 (CiviApp. 1961 error vf. n.r.e.) the election abolishing the District was upheld. The District was abolished under Article 7880- '147~1, Vernon's Civil Statutes, providing: "All water control and Improvement districts organized or operating under the provisions of Chapter 25 of the General Laws passed by the 39th Legislature at its Regular Session, as amended, situated entirely within counties having a po ulation of less than eleven thousand(11,OOO P according to the last preceding United States census, may be abolished by a majority vote of the taxpaying qualified voters residing in such district at an election held for the purpose of determining whether or not suc,h district shall be abolished. In the event any such district shall have outstanding bonds or other indebtedness maturing beyond the current year In which such abolition occurs, the Commissioners Court of the county in which such district is situated shall levy and cause to be collected as county taxes are assessed and collected sufficient taxes on all taxable property within such district to pay the principal and Interest on such bonds and other indebtedness when due." Article 7880-147~5, Vernon's Civil Statutes, states: "If the majority of those voting at such election vote In favor of abolishing such district, the said district shall be abolished . _.. . Honorable Bill A. Martin, page 3 (WW-1279)~ and the ,same after such election shall have no further authority extent that any debts incurred: shall,be Dald, and the organization shall be maintained until all.suah debts are paid. . . .' (EmDhas'X's added) ,j Wat'er control and Improvement districts are governmental agencies~ and as such may exercise only such powers as have expressly been delegated to It by the Legislature, or which exist by clear and unquestioned implication. Tri-City Fresh Water SUDD~Y Dist. No. 2 of Harris Counts v. Mann. Att. Gen. 135 Tex. 280, 142 S.W.2d 945 (1940), and Attorney General's Opinion WW-473 (1958). There is no statutory authority enabling the Newton County Water Supply District to transfer property, real or personal, to the county after its abolition. Nor Is there any 1;plicatlon of such authority. Article 7880- 147~5 states; . . .no further authority except that debts incurred shall be paid . . ." and this would seem to be a prohibition upon any activity besides paying the debts. It is therefore the opinion of this office that the Newton County Water Control District by virtue of Article 7880-147~5, Vernon's Civil Statutes, Is without authority to do anything but see that the debts of the said district are paid. SUMMARY The abolished Newton County Water Supply District is without statutory authority by virtue of Article 7880-147~5, Vernon's Civil Statutes, to do anything besides see that the debts of the said district are paid, and may not therefore transfer to Newton County real and/or personal property of the said District. Honorable Bill A. Martin, page 4 (WW-1279) Very truly yours, JHH:kkc WILL WILSON Attorney General of Texas By John H. Hofmann Assistant APPROVED: OPINION COMMITTEE W. V. Geppert, Chairman Linward Shivers Elmer McVey Virgil Pulliam Robert Lewis REVIEWED FOR THE ATTORNEY GENERAL BY: Houghton Brownlee, Jr.