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                  OFFICE     OF ‘THE ATTORNEY        GENERAL   OF TEXAS
                                            AUSTIN


                                                               January    10,   1939


  IIon. E.. S. Foreman
  county Auditor,   Jefferson         County
  Seaumont , Texas

  Deer sir:




  related     they   zi.11   be discussed    together.

               The procedure     fo$ the establishment    of a Yre sh “later
   :-Upply District   his contained    in Chapter 4, Title    128, Articles
   7331 to 7399 inclusive,       Vernon’s  Revised Civil   Statutes  of Texas,
   1925.   The articles    which pert,cin   to the questi.ons   under considera-
   tion are Articles     7833 and 7899, which I quote as follw~s:

           Art.  7883.    Deposit
                 “The petition     shall be accompanied    by ,a deposit   of one
           hundred dollars,     which shall  be paid to the county clerk who
           shall pay same out upon vouchers       apprtovcd by the county judge,
           for all’ expenses    incident  to the ‘hearing    and the election
           for the crc:ltion~ of the district,     returning    any excess    to
          rr.   E. S. Foreman,                 January                 10,            1339,                 Ta<:e 2

                 the petitioners                    of        their            attorneys.”

                 Art.   7899 .~ Organization     expenses
                        “The supervisors     are authorized       to pay all necessary
                 costs and expenses      necessarily      incurred    in the creation     and
                 organization    of any district,        and  to  reimburse  any   person,
                 corporation    or association       for money advanced for such pur-
                 poses.     Such payment shall       be made from money obtained        from
                 the Salem of bonds.”

                                it w as not the intention     of the Legislature
          that the o%%~~;ion        expenses   be paid out of County fu,nds for if 1
          it had been=such , Article     7883 would have provided    for the ret,urn
          to the county of any excess monies advanced for that purpose,            as
          Fell as to the ptitioner.        Article   7899 sets out in particular      who
          should be reixnbursed,    and counties   are not mentioned,    and the
          exclusion   of which indicates     that the Legislature   did not con-
          template such payment by counties.        There is no authority     con-
          tained in the statutes     for the payment of such expenses       by a
          county,   or the lending   of county funds for,such     purpose.

                     ’ It is the”opinion    of this department    that any expending
          of county funds for the purpose of organizing,        a Fresh Water Dis-
          trict   or the lending    of county funds for such purpose,      would be
          contrary    to the provisions    of Section 52, Article     3 of the Con-
          stitution     of Texas, which I quote in part:

                        “Section    52.    The Legislature      shall have no power to
                 authorize     any county,        city,  town or other political      corpora-
                 tion or subdivision          of the State t.0 lend itscredit         or to
                 grant public      money or thing of vatue (value)           in aid of, or
                 to.any    individual,      association,     or corporation    fwhatsoever,
                 or to become a stockholder             in such corporation,     association
                 or company : . . . . . . . . . . ”

          The care of ITill ~County vs. %yant       and FWfman (Civ.  App.) 264
          2 . xi. 520, at page 522; cited   Article    3, Section 52 of the Con-
          stitution    of Texes, saying;  “The County has no right to lend its
          funds or credit:‘.

                       The facts    as stated      in yourletter      do not bring a Fresh
          Yater District     within    the exception       contained      in the aforesaid
          L.rticle  of the Constitution,         which is not quoted.          k Yresh :‘:ater
          District   of the type under discussion            is a municicai       corporation
          end is governed      by laws relating       to that class       of corporations.
          2311 vs. Kerriman (Civ.       App.) 245 S. W. 1012.             This type of cor-
          poration    is incl:lded   in the above-quoted         constitutional       provision
          r:hcrein it says, “. . . . . . . , . .any indiv~idual,     associati,on     or cor-
          i’oration  whatsoever ,” and therefore          a loon or donation         to same
          Wuld be prohibited        by the Constitution         of Texts.




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     II
                  B’r. 3.      S. Foreman,          January         10,         1939,          Page 3
      i


                              Since a county has                      no authority   to lend money for,
                   or to donate money for,     the                   orgniznti?n   of a Fresh Xater
                   District,  it follows   that it                    has no authority    to Set aside money
     i
     ,             in Its budget,   or otherwise,                     for such purpose.

                                                                                                       Yours       very,truly

                                                                                               ATTOR"PY GEXERAL CF TEXAS
                                                                                                   ,A            -7                                     n



                                                                                                                                     Assistant

                    JLN:GO

                    AFTROVED:




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