Driscoll v. Harris County Commissioners Court

en- the board entered an order PRESSLER, Before PAUL ROBERT- gaging Fulbright firm of & Jawor- the law ELLIS, SON JJ. special ski as counsel for Toll Road the County Attorney Harris Authority. The OPINION objected employment special coun- of sel, and the court informed commissioners PER CURIAM. capable doing all the that his was office appeal This followed the denial acquisition work connection with the requested declaratory judgment relief rights-of-way, and related mat- the Although appellant presents action. twen- ters. further informed commissioners He error, ty-four points the central issues employment private attor- court that the are those created the conclusions lawof input was neys of his office construing authority of the Harris persist, contrary to law should County Authority pri- Toll Road employ They persisted, result. action would authority counsel and of the Har- vate attorney filed consequently injunctive County Attorney ris to seek court, against commissioners this lawsuit declaratory judgment relief with reference thereof, county audi- all the members (1) expenditure funds and treasurer, tor, the & Elkins Vinson (2) the creation the commissioners court Fulbright & Jaworski. County Authority. the Harris Toll Road request trial court appellant’s At We have been favored excellent briefs findings con- made of fact and numerous only parties by not counsel for the to this Concerning clusions of law. appeal, have received amicus curi- but also pri- Authority employ Road Toll support appellant ae briefs from the counsel, fol- trial court made the vate County Attorney, Criminal District Tarrant lowing conclusions: County Attorneys Texas District and Association, Toll of Texas 12. Because General Authority is department and Common Cause of Texas. We reverse. Road county government, Attorneys Tex.Rev.Civ. states that “[The] Stat. art. 334 and represent Tex.Rev.Civ.Stat. State all cases in the 2372p Ann. applicable art. are respec- District and inferior courts in their issues involved in the above-entitled counties; any county tive but if shall be and numbered so as they cause far included a district in which there shall be provi- in conflict with the Attorney, respective a District duties of sions of art. 6795b-l. Attorneys County Attorneys District 13. Because art. 6795b-l the subse- shall in regulated by such counties be quently law, general appli- enacted Legislature.” In early Brady case only cable event a toll Brooks, (1905), v. Tex. S.W. 1052 being developed, road supreme recognized provision court structed, operated, and- being “very broad” and there found the 6795b-l an exception constitutes purpose provision main was to make provision of Tex.Rev.Civ.Stat. duty it county attorney or the 2372p

Ann. art. where art. 6795b-l attorney represent district state 2372p and art. conflict. However, criminal cases. in accordance 14. Tex.Rev.Civ.Stat.Ann. art. 6795b-l with the mandate of Article Section specifically Operat- authorizes the legislature occasionally provided has ing County Board of the Harris Toll county additional for district and duties Authority private Road employ attorneys. general only pre- statute provide legal counsel to servic- scribing county attorney the duties develop- es in connection with 334, providing is Article that district and ment, construction, operation and attorneys county “upon request, give shall management of County the Harris opinion writing any or advice in coun- Authority. Toll Road precinct ty or of their officer district 16. Tex.Rev.Civ.Stat.Ann. art. 6795b-l touching county, their official duties.” exception pro- constitutes an (Vernon Tex.Rev.Civ.Stat.Ann. art. 334 '2372p visions of art. which are in hand, 1973). special On other statutes provisions conflict with the of art. time, from time to have been enacted. One 6795b-l. regulating special statutes duties 19. Tex.Rev.Civ.Stat.Ann. art. 331h im- attorney lh county is Article 33

poses county no attorneys duties on creating County Harris the office of Attor- beyond already im- those duties duties, ney prescribing his as follows: posed upon county attorneys, crimi- primary duty It shall be Coun- attorneys nal district and district at- County ty Attorney of Harris or his as- torneys duty rep- other than the represent Texas, sistants to the State of County resent the Harris Flood Con- County officials of Harris trol District. county pending in all civil matters before judgment While the of the court does not County of Harris the courts specifically Operating state that the Board Texas, courts where State other comply need not with County and the officials of such Harris 2372p private employing Article attor- pending. un- have matters It is neys, argument agreed in oral both sides County Attorney that the will derstood necessary that was the result the court’s represent the State of Harris order. For the reasons set out in the fol- County and the officials of such discussion, lowing respectfully disagree we required as is now such civil matters with this conclusion. Attorneys, by law of Criminal District Attorneys, County District Attor- of the Texas Consti- neys exception County with the provides tution for the creation of the of- county attorney represent fice of the Flood Con- those counties County attorney per- not served a criminal district trol District Harris specific duties imposed by imposing other duties form and all fee, County com- which are attorney additional of Harris this Act without county attorneys, than that criminal perquisite imposed upon other pensation attorneys gen- of its officers paid by attorneys Harris out or district district salary (Emphasis supplied). disagree fund. with erally, and for these reasons 19. This conclu- of law number conclusion (Ver- art. 831h Tex.Rev.Civ.Stat.Ann. believe, fortified, we when is further sion 1973). the enactment of this non Prior to statute, Arti- later enacted consider the we statute, have a coun- did not passed by legislature in 1961. 2372p, cle it was served a resident ty attorney as having only applies to counties This act pas- attorney. With the criminal district 500,000 in excess of and autho- population creating the and the act sage of this act court: rizes the commissioners attorney for the crimi- of the district office County, the of Harris nal district court repre- employ special counsel ... attorney was criminal district office of brought by or in all suits sent art. Tex.Rev.Civ.Stat.Ann. abolished. See against particularly 1973). (Vernon 326k-26 and work authority to render aid Court, the coun- Ar- the Commissioners unique provisions of There are three county employees ty engineer and other ticle 331h: of documents neces- preparation limit attor- attempts It rights-of-way sary acquisition in-the ney’s jurisdiction to civil matters. county, or in cases where attorneys office in No rights-of required to county is is so limited. obtain Texas highways, or to assist way for state provides represent he shall It rights-of-way; to acquisition of such state, officials county in all condemnation represent the pending in all matters before civil rights- acquisition proceedings County. No other courts of Harris purposes highways and other of-way for imposes upon such duties statute domain is right of eminent where attorney in state. other given to counties. provides that he shall specifically It (Vernon 2372p art. Tex.Rev.Civ.Stat.Ann. County the Harris Flood represent However, employ 1971). authority to this District. This was undoubt- Control input upon the conditioned legislature specifically as a was edly inserted and if there was county attorney, of the Opinion result of No. S-03 February attor- Attorney county attorney, dated then the district General no attorney it ruled there was was to where was criminal district ney or spe- District duty employing no the Criminal process participate repre- Attorney County to pro- of Harris 2372pspecifically counsel. Article cial county generally civil sent vides: County Flood the Harris matters or named special counsel shall be [such] District.1 Control em- Attorney and such County ... such time be made for ployment shall lead us provisions of Article 331h These County Attor- terms as said and on such special it a statute the conclusion that 1976) art.,4494n (Vernon (emphasis interesting 12 regard, to note that Ann. it is 1. In this course, necessary supplied). it was for Of during legislative when the session the same created, provide at legislature specifically for Attorney County was office of Harris counties, torney representation the flood control of both legislature certain also authorized the including because, district, Harris, hospital while district hospital district and the a to establish administratively under the are in a sense provided be the both specifically that it “shall court, sepa a each is Attorney, of commissioners control duty District entity, independent and dis governmental Attorney, case rate as the or Criminal District County Flood Con Harris be, within itself. See duty representing the tinct charged with the Mann, S.W.2d matters, 135 Tex. 140 Hospital District v. represent trol in civil (1940). Tex.Rev.Civ.Stat. in all matters.” District ney proper expedient, ... deem toll road it an exception constitutes subject approval of the Commis- 2372p. Again, we do agree. Article not sioners Court. applicable portions 2372p authorizing court to employ commissioners We legis- have been unable to locate “special quoted counsel” have been above history lative for this statute and counsel and need be restated here. Material for argument both sides conceded in oral conclude, question consideration of por- could find none. this are the We how- ever, from a creating 2372p concerning review the tion of Article statutes the em- of county attorney, counsel, various offices dis- special ployment of and Section 1 trict attorney and criminal district attor- authorizing of Article 6795b-l certain coun- ney, and any general the absence of stat- construct, ties operate maintain, prescribing office, utes the duties of each other among things, “turnpike, highway, a legislature must recognized have combination of such facilities.” Au- need and used statute as a means of thorized costs cost of include “the construc- authorizing the commissioners courts in tion,- ..; property the costs of all pay- having population counties a in excess.of condemning any ment of costs of 500,000 employ special counsel to assist property, including payment both the various counties the conduct their payment and the award the court costs explana- find plausible business. We no attorneys fees; payment of all tion, however, for legislature to have legal, engineering expenses fiscal and in- then limited the of the commis- acquisition curred connection employ sioners court such counsel if and construction of the county attorney there was a it unless rec- making surveys of preliminary and investi- ognized (1) special that: statute had al- gations and the authorization issuance ready been pro- enacted provided of the bonds.” It is further viding per- attorney towas long that so and, (2) form the it was addressing; duties designated not been “has certain populous had al- counties Highway System State and is not con- ready, special legis- either or without Turnpike Project sidered a defined [as lation, provided representation (which statute], part that of the has county by in such civil matters the designated so is not been and not so con- attorney, attorney district or criminal dis- sidered) in each shall be considered attorney. trict This construction is consist- system a road of such general ent with the rule that all statutes relating and all to laws the main- presumed legisla- are be by to enacted the and tenance roads ture .knowledge existing with full hereby applicable are made to any law and to conditions the reference with acquired project constructed or hereun- 71, it. Clayton, McBride 140 166 v. Tex. they der in so do not with far conflict (1942). S.W.2d 125 (Emphasis sup- the hereof” brings This us to a discussion plied). relationship Article between 6795b-l 5 of Article 6795b-l authorizes Article 2372p as addressed in conclusions court, chooses, if it so the commissioners to agreed of law 13 and effect of operating develop, to appoint board con- these We do conclusions. not construe manage project. struct and such a How- specifical- trial court’s conclusions law to ever, specifically provided it is that such ly hold there conflict 6795b-l between may exercise, board “shall have and sub- 2372p. Again, ap- neither counsel ject to limitations and restrictions as is, pellant appellee nor contend there prescribed by Commissioners be fact, a We do the trial conflict. construe Court, power authority the same ... court’s to since conclusions law be that 6795b-l(l) subsequent may be by Article was enacted exercised the Commission- 2372p (2) applies regard to only development, to a ers Court to the

575 construction, operation, management apply In this state of record we expressed rule supplied). recognized well Gordon project.” (Emphasis of a Lake, 138 v. 163 Tex. 356 S.W.2d provides specifically section further that (1962): “subject to the such board restrictions prescribed by repealed expressly A

and limitations Com- statute Court,” by implication. a power shall have the Where later enactment missioners design “to is intended to embrace the law deal§, repeals it it subject with which acquire necessary rights-of-way lands or relating same all former laws to the sub- purchase, property project by (Citation omitted). by im- ject. Repeals condemnation, or otherwise ... to em- however, favored, plication are not consultants, ploy attorneys, engineers, fi- relating subject laws to the same should advisors, agents employ- nancial and other though incorporated considered as ees or contractors in connection with the If the same act. can be harmonized construction, development, operation and given and effect to each so con- when management project.” (Emphasis sidered, repeal by implication. there is no supplied). previously at 139. Gordon 356 S.W.2d As pointed above, out As conclusion of explained, presumed all statutes the trial court as to whether there is legislature enacted full knowl 2372p conflict between Article 6795b-l and edge existing of the law condition least, is, say vague. presented As Clay and with reference to it. v. McBride us, neither side there is contends conflict ton, (1942). 166 125 Tex. S.W.2d agree and both sides the effect of passed dealing And when a new statute judgment clusions of law and the is that law, if subject with a covered an old exception Article 6795b-l is an to Article repeal, there is express presumption no is, 2372p, that board was legisla enacting is that in a new law employ attorneys authorized to ture the old remain in intended statute to complying with 2372p. the terms of Article operation. Re v. Humble State Oil disagree We with this construction of the Co., (Tex.Civ. fining S.W.2d speak Both statutes. statutes same 1945) App. (appeal Supreme —Waco namely, subject, employment of counsel 811, Tex. at 194 Court disallowed S.W.2d represent acquisition, the county 1946). Civ.App.—Waco otherwise, rights-of- condemnation or cases it Under tests set out these way for the construction of roads. argued seriously cannot be that 6795b-l however, 2372p, specific is a statute enactment) (the all the law later embraces outright authority as it limits insofar subject because on it deals (in having pop- hire such counsel counties relating all laws expressly it makes 500,000) county in excess of if such ulation county roads operation of maintenance and represented county attorney, is a dis- simple to har- applicable. It is a matter attorney attorney. or district trict criminal acts, at provisions monize of the two specifically provides Article 6795b-l that County: to they apply least as Harris long the project so is a of the em- court is authorized to commissioners system, county relating road all laws to so, it to do ploy attorneys, but order applicable roads of Article comply must the restrictions with “in far as not conflict with the so do 2372p. give hereof.” provisions We must effect and, conclu- wording brings This us to consideration of plain of the statute un- this of 14 that Article 6795b-l is a the two sion law number less there conflict between Operating statutes, “specifically authorizes give to both. The trial effect Au- conflict; County Toll Road find a nei- Board the Harris expressly court did not provide thority employ private nor counsel appellant appellee contend there is ther conflict, legal in connection the devel- and we there is no conflict. services with find opment, operation management (1) attorney of Harris he County had no County Harris Authority.” Toll Road authority injunction to seek an or declara- problem While faced with the same tory judgment expen- with reference to the cerning conclusion, ambiguity we (2) funds, diture of lacked the again address the issue on the basis of the requisite justiciable interest to attack ei- agreement previ- of counsel for both sides ther County the formation of the Harris ously With understanding, stated. we Toll Authority appointment Road or the again disagree with the conclusion. As Appellant argues board. previously concluded, the commissioners that provisions under the broad of the Uni- court of Harris County employ could not form Declaratory Judgments Act he has counsel provisions under the of Article authority not only bring an action 6795b-l complying with Article concerning duties, his but also as to these Furthermore, 2372p. Section 5b of Article matters. Tex.Rev.Civ.Stat.Ann. art. specifically 6795b-l provides oper- (Vernon 1965). 2524-1 He cites no authori- ating greater has power board no or au- ty holding so and we find none. It has thority than commissioners court. We generally been held that the attor- operat- therefore hold that in order ney authority proceed- has no institute ing appointed the authority board under ing for or on behalf of the unless he counsel, employ 6795b-l it must given power that or order statute comply of Article the commissioners court. Looscan v. 2372p. Harris, (1883); County 58 Tex. 511 holding Our on the conclusions of law as County King, v. 454 S.W.2d 239 Ward necessarily compels discussed above us to dism’d); (Tex.Civ.App. Paso writ —El further conclude that conclusion of law (Tex.Civ. State, 241 Wexler v. S.W. 22, providing: number writ); App. no Duncan v. —Galveston employment legal counsel other [T]he State, Tex.Civ.App. 67 S.W. 903 County Attorney than perform writ). (1902, no We cannot read into the Operating services Board of Declaratory Judgments Uniform Act Authority Toll Road does change authority intent to this rule. His not usurpation pow- constitute an restricted, follow, being appears so it public ers and duties of the office of the therefore, attorney his County Attorney County, of Harris Tex- capacity would have the au- official as in contravention of the Constitution injunction thority by declaratory judg- laws State of against expenditure ment to seek relief erroneous, reason, For we so hold. funds. the same he capacity, his we hold lacked the points In appellant various official error at- requisite justiciable to attack the interest tacks the trial court’s conclusions law Authority appoint- formation of the that, county attorney, had he neither the ment of the board. of the members injunction against to seek an judgment declaratory reference to the Finally, appellant contends trial court expenditure belonging of funds to Harris against assessing him erred costs requisite justiciable nor interest individually. argues “patently He that it is to attack either the of the Toll formation inconsistent” for the trial court to have Authority Road appointment found he was authorized to maintain his commissioners court as the members of the capacity official the suit for a declaration operating Authority. Road of the Toll board then assess costs of his duties only against individually. judge, trial Appellant brought in his official him The suit course, assessing capacity county attorney. The of wide discretion trial has only by appel- standing court that he costs. If the issue raised found had seek sustain, concerning pleadings one we declaratory relief his duties as lant’s was the against county attorney, that as then to assess costs him individual- but found easily by only parties ly quite be found to be an counsel for the to this could Considering, however, of appeal, abuse discretion. amicus but have also received curi- court, all the matters before the we cannot appellant in support ae briefs from the find an of discretion on the abuse Attorney, Tarrant District County Criminal will, however, the trial court. We exercise County Attorneys the Texas District our discretion and assess costs of this Association, Attorney the General Texas appeal against appellees. We and Common Cause of Texas. reverse. assign- We not consider the do trial The case court was submitted controlling ments points of error to be stipulated on Three witnesses facts. addi- the case and are overruled. tionally present testified. We now a con- proper This brings disposition us to the cise of that evidence. statement appeal. Appellant this court of this 22, 1983, September On the Harris Coun- pursuant asks to Rule Rule Texas ty adopted an Commissioners Court order Procedure, of Civil we reverse and “render canvassing declaring the returns and the judgment the Court below should have results of bond election normally rendered.” While we do would authorized commissioners court issue so, we that because the number believe toll bonds for the construction of roads in involved, complexity issues with County Harris accordance court, trial the active with assistance 6795b-l. Tex.Rev.Civ.Stat.Ann. art. involved, attorneys is in a more advanta- (Vernon Supp.1984). 6795b-l 1960 and On geous position proper judg- to enter the the same day the commissioners court des- ment. ignated the members commissioners judgment reversed remanded operating court as board of authori- proceedings further consistent with preparation ty and authorized the further opinion. legal for the issuance of documentation Before the court en banc. fifty million dollars toll road revenue and In connection unlimited tax bonds. ON MOTION FOR REHEARING operating the issuance these ROBERTSON, Justice. engaged firm of board the law Vinson & Elkins to as counsel. On November serve Following panel opinion previously board entered case, appellant rendered in this both engaging Fulbright order the law firm of & appellees rehearing, filed motions for for the Toll appellees’ special Jaworski counsel request, rehearing at was County previous Authority. before Road The Harris Attor- panel the full court. The opinion objected following ney employment special is withdrawn counsel, substituted. the commissioners and informed capable doing court that office was his appeal This followed the denial of all the acquisi- all the work in connection requested declaratory relief judgment and other related rights-of-way, tion presents Although appellant action. twen- matters. He further informed commission- error, ty-four points of central issues private employment of ers court that the are those created the conclusions of law attorneys input of his office construing Harris they per- contrary was to law and should County Authority pri- to employ Toll Road sist, They per- result. action would authority Har- vate counsel and the sisted, consequently attor- injunctive ris to seek capacity, in his filed this law- ney, official declaratory judgment relief with reference court, against all the suit commissioners (1) expenditure funds and auditor, thereof, members (2) court creation the commissioners treasurer, & Elkins and Ful- Vinson Authority. Toll Road bright & We have been favored excellent briefs Jaworski.

578 appellant’s request

At necessary the trial that the court was result of the court’s findings made numerous of fact and con- For in order. the reasons set out the fol- Concerning clusions of law. the discussion, lowing respectfully disagree we of Authority employ pri- the Toll Road with this conclusion. counsel, trial vate court made the fol- Article Section of the Texas Consti- lowing conclusions: provides tution creation the of- 12. County Because the Harris Toll county attorney fice in those counties Authority department Road is a attorney served a criminal district county government, Tex.Rev.Civ. County Attorneys states that “[The] Stat. art. 334 and Tex.Rev.Civ.Stat. shall represent the State in all cases in the 2372p Ann. applicable art. to the respec- District inferior courts in their issues involved the above-entitled counties; any county tive but if shall be and numbered cause so far as they in a included district which there shall be are not provi- in conflict with the Attorney, respective a District duties of sions of art. 6795b-l. Attorneys County Attorneys District Because art. 6795b-l is subse- regulated by shall in such counties be law, quently general appli- enacted Legislature.” early In the of Brady case only a county cable in the event toll Brooks, (1905), v. Tex. 89 S.W. 1052 being developed, road supreme recognized provision court structed, and operated, Article being “very broad” and there found the exception 6795b-l constitutes an provision purpose main was make any provision of Tex.Rev.Civ.Stat. duty county attorney it the 2372p Ann. art. where art. 6795b-l represent attorney district the state in 2372p and art. conflict. However, criminal cases. in accordance art. Tex.Rev.Civ.Stat.Ann. 6795b-l with the mandate of Article specifically Operat- authorizes the occasionally provided the legislature has ing County Board of Harris Toll additional duties district and Authority employ private Road general pre- attorneys. only statute provide legal counsel servic- county attorney scribing duties of es in the develop- connection with 334, providing is Article that district and ment, construction, operation and request, give county attorneys “upon management County of the Harris opinion writing an or advice coun- Toll Authority. Road ty precinct officer of their district or 16. Tex.Rev.Civ.Stat.Ann. art. 6795b-l touching their official duties.” exception pro- constitutes (Vernon art. Tex.Rev.Civ.Stat.Ann. 2372p visions of art. which are in 1973). hand, special theOn other statutes provisions conflict art. time, from time to have been enacted. One 6795b-l. special regulating the duties statutes county attorney is Article 331h 331h im- 19. Tex.Rev.Civ.Stat.Ann. art. County Attor- poses county attorneys creating no on office of Harris duties duties, beyond already ney prescribing im- his as follows: those duties posed upon county attorneys, crimi- primary duty It shall be the Coun- attorneys nal district district at- County or his ty of Harris as- torneys duty rep- than other Texas, represent sistants to the State County resent the Harris Flood Con- County of such Harris officials trol District. pending in all before civil matters the courts of Harris judgment While the of the court does not courts the State where specifically Operating state Board the officials of such comply need not pending. It is un- 2372p county have matters employing private attor- County Attorney neys, argument agreed derstood that the will oral both sides

579 represent appellant, State of Harris it'is noted that in Webb County county and the officials of such County county attorney is ob- required in such civil matters as is ligated prosecute now “to handle and Attorneys, welfare, law Criminal District juvenile, child mental Attorneys, County District Attor- County health cases Webb neys exception County with the County other civil cases Webb Attorney represent Con- Flpod where the party, State Texas is a County per- trol District of Harris to the other im- addition duties imposed by form and all other duties county posed by law on the office of fee, this Act without com- additional supplied) attorney.” (Emphasis pensation perquisite other than that specifically provides 3.It that he shall paid by County Harris out of its officers represent County the Harris Flood salary (Emphasis supplied). fund. Control District. This was undoubt- (Ver- art. 331h Tex.Rev.Civ.Stat.Ann. edly legislature inserted as a 1973). non Prior to the enactment of this Opinion result of No. S-03 of the statute, County Harris did not have a coun- Attorney February General dated ty attorney as it was served resident 1953, where it was ruled there was attorney. pas- criminal district With the duty upon no the Criminal District sage creating of this act and the act Attorney County repre- of Harris attorney office of the district for the crimi- county generally sent civil County, nal district court of Harris County matters or Flood attorney office of criminal district was Control District.1 abolished. See Tex.Rev.Civ.Stat.Ann. art. These of Article 331h (Vernon 1973). 326k-26 special lead us to the conclusion that it is a unique provisions There are three imposing specific statute duties Article 331h: county attorney County of Harris attempts upon county It county imposed attorneys, to limit the attor- are not

ney’s jurisdiction attorneys criminal district or district attor civil matters. county generally, No other attorney’s neys office in and for these reasons dis limited, Texas possible agree is so with the with conclusion of law number 19. fortified, exception County. This conclusion is further we be Webb See Tex. (Ver- lieve, Rev.Civ.Stat.Ann. art. 326k-38b when we consider the later enacted Supp.1984). statute, non 2372p, passed by legis applies only lature in 1961. This act provides It represent that he shall having population in excess of counties state, county officials 500,000 and authorizes the commissioners pending in all civil matters before the court: County. courts of Harris No other employ special repre- counsel imposes ... upon any statute such duties brought by sent the all suits attorney other in the state. against particularly To the extent there be some similarity authority to render aid and work between the duties of the Court, county attorney the coun- Webb Commissioners (Vernon 1976) regard, interesting (emphasis it 12§ 1. In this to note that Ann. art. 4494n course, during legislative necessary supplied). it was the same session when the Of created, provide County Attorney legislature specifically at office of Harris was counties, legislature torney representation of both the flood control also authorized certain because, Harris, district, hospital including hospital district while to establish a district and administratively specifically provided under the that it "shall be the both are in a sense court, sepa duty County Attorney, each is a District control of commissioners entity, Attorney, governmental independent and dis case rate or Criminal District as the representing be, charged duty within itself. See Harris Flood Con with the tinct matters, Mann, represent Hospital v. 135 Tex. 140 S.W.2d in civil trol District (1940). District in all matters.” Tex.Rev.Civ.Stat. ty engineer employees and, (2) addressing; form the duties it was in the preparation populous of documents neces- certain other counties had al- sary acquisition rights-of-way ready, in the of special legis- either or without county, lation, for the or in provided representation cases where the for of the county required rights-of- county by county to obtain in such civil matters the way for highways, attorney, attorney state or to assist district or criminal dis- acquisition rights-of-way; of such attorney. to trict This construction is consist- represent county in all general condemnation ent rule that all statutes proceedings acquisition rights- presumed for the of by legisla- to be enacted of-way highways purposes for and other knowledge ture with full of existing right where the of eminent domain is conditions of the law and with reference to given to counties. v. Clayton, it. McBride 140 Tex. (1942). S.W.2d 125 (Vernon 2372p Tex.Rev.Civ.Stat.Ann. art. 1971). However, authority employ this to brings a This us to discussion of the input was specifically conditioned relationship Article between 6795b-l and county attorney, if and there was Article 2372p addressed in conclusions county attorney, no then the district attor- agreed of law 13 and and effect of ney attorney criminal district towas these conclusions. W.edo not construe the participate process employing spe- in the of specifical trial court’s conclusions of law to pro- Article 2372p specifically cial counsel. ly hold there is conflict between 6795b-l

vides: Again, 2372p. ap and for neither counsel special counsel shall be named [such] is, pellant appellee nor contend there County Attorney em- ... and such a fact, conflict. We do construe the trial ployment shall be time made such to court’s conclusions of law be that since on and such terms as said Attor- 6795b-l(l) subsequent Article was enacted ney may deem proper expedient, ... (2) 2372p applies only county to to a subject approval of the Commis- exception road it toll constitutes sioners Court. 2372p. Again, agree. we to Article do not applicable portions 2372p

We been to of have unable locate Article legislative history authorizing employ for this statute and court commissioners to quoted counsel for “special both sides conceded in oral counsel” have above been argument they could here. find none. We con and need not restated Material to clude, however, question portion from a review of the stat consideration is the creating 2372p concerning county employ 'utes the various of Article offices attorney, counsel, attorney special dis district criminal ment authorizing attorney, any gen Article certain coun trict absence 6795b-l construct, maintain, operate prescribing eral statutes the duties of each ties office, recog among things, “turnpike, highway, legislature have a must facilities.” Au nized the need and used this statute as a combination authorizing include “the cost of construc means of the commissioners thorized costs ...; tion, property having population courts in counties a the costs all condemning 500,000 special employ payment excess of counsel of the costs of payment both property, including counties in the conduct assist various plausible payment of their find no of the award and the of the court business. We fees; however, attorneys explanation, legislature payment costs expenses legal, engineering then com have limited the of the fiscal acquisition employ such if incurred in connection with missioners court to counsel attorney it rec and construction there was a unless (1) making surveys investi ognized special preliminary statute al that: had pro ready gations been and the authorization and issuance enacted viding per- provided It county attorney that was of the bonds.” is further long employ attorneys Section 1 that so as such a authorized 2372p. designated part complying with the terms of Article “has not been Highway System disagree and is con- We with this construction of the State Turnpike Project speak defined statutes. Both statutes to the same sidered a [as (which employment statute], part subject, namely, has of counsel designated represent acquisition, not been so and is not so con- otherwise, sidered) rights-of- in each considered condemnation or way system road of such for the construction of roads. however, 2372p, specific is a statute relating and all laws to the main- outright authority tenance and roads insofar as it limits the (in hereby applicable having pop- made hire are to such counsel counties a 500,000) acquired ulation in if constructed hereun- excess they represented by county attorney, der in so as do not dis- far conflict ” provisions (Emphasis sup- attorney attorney. trict or criminal district hereof plied). specifically provides Article that 6795b-l long so as the is a Section 5 of Article authorizes 6795b-l system, relating road all laws to court, chooses, if the commissioners it so to applicable roads are to the appoint operating develop, an board to they “in so far as do not conflict with the manage project. struct and such a How- provisions give hereof.” We must effect to ever, specifically provided it is that such and, plain wording statute un- exercise, may board “shall have and sub- less there is a conflict between the two ject to such limitations and restrictions as statutes, give effect to both. trial may prescribed by be the Commissioners conflict; expressly court did not find a nei- Court, power the same authority ... appellant appellees ther nor contend there as exercised the Commission- conflict, is a there is no con- we find regard development, ers Court flict. construction, operation, management project.” (Emphasis of a supplied). The apply In of the record this state we provides section further specifically that recognized expressed rule well Gor “subject such board to the restrictions Lake, 392, don v. 163 Tex. 356 S.W.2d 138 prescribed by and limitations the Com- (1962): Court,” missioners power shall have the repealed expressly A statute authority design “to by implication. Where a later enactment acquire necessary rights-of-way lands or is intended to embrace all the law property project by purchase, deals, repeals it it subject with which condemnation, or otherwise ... and to em- relating all former laws to the same sub- consultants,

ploy attorneys, engineers, fi- (Citation omitted). by im- ject. Repeals advisors, agents employ- nancial and other however, favored, not plication are ees or contractors connection with the subject relating to the same should laws construction, development, operation and though incorporated in considered as management project.” (Emphasis If can be harmonized the same act. supplied). so con- given and effect to each when sidered, repeal by implication. no there is above, pointed As out the conclusion Gordon, previously at 139. As of the trial court as to whether there is a 356 S.W.2d 2372p explained, presumed to be conflict between Article 6795b-l and all statutes is, least, say vague. presented legislature with full knowl As enacted us, edge existing condition of the law neither side contends there is conflict agree Clay the con reference to it. McBride v. and both sides the effect of and with (1942). ton, 125 judgment clusions of law and the is that 140 Tex. 166 S.W.2d dealing passed a new statute is exception Article 6795b-l is an And when law, is, subject old if 2372p, that was with a covered board express repeal, there is no the presumption us to further conclude that conclusion of enacting is that in law the legisla providing: new law number ture intended the old statute to remain in employment legal counsel other [T]he operation. State v. Oil Humble and Re County Attorney than perform Co., (Tex.Civ. fining S.W.2d Operating services for the Board of App. 1945) (appeal Supreme Authority Harris Toll Road does —Waco Court disallowed at 194 S.W.2d Tex. an usurpation pow- constitute Civ.App. 1946). public ers and duties of the office of the —Waco County Attorney County, of Harris Tex- Under the tests set out these as in contravention of the Constitution seriously argued cases it cannot be laws of State of (the enactment) later 6795b-l embraces all erroneous, and we so hold. subject law on the it deals expressly because it makes all laws relat points In appellant various of error at- ing to the maintenance and tacks the trial court’s conclusions of law applicable. that, roads It is a simple county attorney, he had neither the matter to harmonize the seek an injunction against acts, two least they apply at declaratory judgment with reference to the County: expenditure the court is belonging commissioners autho of funds to Harris rized employ attorneys, County requisite to but in justiciable order to nor the interest so, comply do it must the with restrictions attack either the formation of the Toll 2372p. Authority of Road or appointment Article the court commissioners as the members of the brings This us to consideration of operating Authority. board Toll Road of conclusion law 14 number that Article Appellant brought only suit “specifically 6795b-l Oper authorizes the capacity his attorney. official ating County Board of the Harris Toll Road The trial found had standing court that he Authority employ private pro counsel to declaratory concerning seek relief his legal vide services in connection with the county attorney, duties as but found that development, operation management of county attorney (1) of County Harris he County Harris Toll Authority.” Road authority injunction had no to seek an While problem faced with the same con declaratory judgment with reference to the cerning conclusion, ambiguity we expenditure funds, (2) lacked again address issue on the basis of the justiciable requisite interest to attack agreement of previ counsel for both sides County either the formation of the Harris ously understanding, stated. With this we Authority appointment Toll Road or the again disagree with the conclusion. As operating Appellant argues board. concluded, previously the commissioners provisions that under the broad of the Uni County employ court of Harris not could Declaratory Judgments form Act he has provisions counsel under the of Article only bring authority not an action complying 6795b-l without with Article duties, concerning his but also as to these Furthermore, 2372p. 5b of Article matters. Tex.Rev.Civ.Stat.Ann. art. specifically provides oper 6795b-l that the (Vernon 1965). 2524-1 no He cites authori ating greater power has no board or au ty so holding and we find none. It has thority than court. commissioners We generally held that the attor been operat hold that in therefore order ney authority proceed has no institute ing appointed the authority board under ing for or unless on behalf he counsel, Article employ 6795b-l to it must given power by that statute order of comply the commissioners court. Looscan v. 2372p. Harris, (1883); County 58 Tex. 511 holding County King, Our on the conclusions of v. S.W.2d 239 Ward 454 necessarily compels dism’d); law as (Tex.Civ.App. discussed above Paso writ —El

583 (Tex.Civ. rehearing are State, 241 231 Both motions for overruled S.W. Wexler v. 1922, writ); App. judgment no v. is reversed and remand- Duncan —Galveston State, Tex.Civ.App. proceedings S.W. ed for consistent with further (1902, writ). no We cannot read into the opinion. this Judgments Declaratory Uniform Act change authority intent to this rule. His Justice, MURPHY, concurring. restricted, follow, being appears so it I concur result reached with the therefore, county attorney his However, respectfully majority. disagree I the au- capacity would have official holding that the majority’s thority declaratory judg- by injunction in his official against the expenditure ment seek relief capacity authority does not have the funds, attempted here. as was injunction declaratory judgment to seek reason, capaci- For the same his official against expenditure relief requisite justicia- ty, we hold he lacked funds, requisite jus- he lacked the that attack the ble interest to formation of ticiable attack the interest to formation Authority appointment or the of the mem- appointment of the authority or the bers of the board. members board. Finally, appellant contends Appellant contends TEX.REV.CIV.STAT. assessing

trial court erred all costs 1973), (Vernon provides ANN. art. 339 argues against individually. him He that it statutory challenge him to authority for “patently inconsistent” for trial court outside expenditure of funds for to have he authorized main found was I agree. counsel. In view of Court’s capacity tain official the suit for a his appointed holding board declaration of his duties and to then assess under the of Article 6795b-l to against individually. recog costs him We employ comply pro- must with the counsel nize, course, trial judge that has 2372p, expenditure of visions Article assessing in wide discretion costs. How purpose funds for or the threatened ever, noted, appellant as previously was purpose for this expenditure of such funds individually not before the court was—he by any county officer entrusted with the capacity there only county in his official any keeping public collection safe attorney. any We have not found authori compliance with Article funds without ty permit which would the assessment of duty neglect of 2372p could a or an costs such manner as was done here. of trust. abuse We hold trial court abused his discre doing provides: tion in Article appellant’s so and sustain 339 point regard. of error in this knowledge When it shall come to attorney county any that any district or assign- We do not consider the other county entrusted officer his district controlling points ments of to be error keeping or safe collection case are overruled. manner whatsoev- public funds is proper This brings disposition us to the abusing trust neglecting or confid- er appeal. Appellant this court of this him, failing way ed in or in to dis- 434, asks Rules pursuant that to Rule Texas law, charge his he shall duties under Procedure, “render of Civil we reverse and as are neces- proceedings institute such judgment have the Court below should performance of such sary compel normally we would do rendered.” While preserve officer and duties so, we that of the number believe because protect interests. public involved, the complexity of the issues (Ver- 339 art. TEX.REV.CIV.STAT.ANN. court, trial with the active assistance 1973). non involved, attorneys in a more advanta- county attorney to geous position judg- The of a proper to enter by the bring suit authorization ment. 584 pursuant court,

commissioners court pur- to Art. 339 proceeding sioners to institute a upheld has been in several cases. See Ter Declaratory Judg- suant to the Uniform Greene, rell v. 539, 88 Tex. 31 S.W. 631 ments Act. TEX.REV.CIY.STAT.ANN. (1895); Phillips J.R. Ins. Co. v. Road Dis (Vernon 1965). art. 2524-1 18, trict Number (Tex.Civ. 172 S.W.2d 707 County County, of Harris ref’d); Hemphill App. writ —Waco capacity, sought his official to have de- Adams, County v. (Tex. 416 S.W.2d 855 questions termined the under whether Civ.App. n.r.e.). writ ref d —Amarillo 6795b-l, the commissioners court is Appellees contend these cases are distin- granted express authority appoint guishable from the case at bar because in governing itself as the board of the Harris undisputed each of the cases it was that County Authority, Toll Road and in that expenditure funds had taken county attorney connection whether the place and improper. was I see no distinc- required to advise and act as counsel to county attorney bringing tion between a a “operating board.” 2 of Arti- suit under Art. right wrong 339 to a provides: cle 2524-1 brought prevent wrong. one a deed, Any person will, interested under a Appellees contend following cases contract, written writings or other consti- proposition stand contract, tuting rights, or whose sta- attorney may proceed under Art. 339: tus, legal or other relations are affected Harris, Looscan County v. 58 Tex. 711 Statute, ordinance, municipal Matthews, (1883); Travis v. tract, franchise, may have determined (Tex.Civ.App. S.W.2d 691 —Austin any question validity of construction or n.r.e.); v.Ward writ ref d instrument, arising Statute, under the or- King, (Tex.Civ.App. 454 S.W.2d 239 —El dinance, contract, or franchise and obtain dism’d). Paso writ Each of those status, rights, a declaration of or other cases turned on the issue of whether the legal relations thereunder. being officer sued was “entrusted with the keeping collection or safe any public 2524-1, TEX.RE V.ClV.STAT.ANN. art. here, Unquestionably, funds.” (Vernon 1965). County officials are attorney has sued the auditor and permitted under this Act to have their treasurer, obviously each of whom duties determined. Commissioners Court falls within that class of officers. Fullerton, County v. S.W.2d In light majority’s I holding, be- (Tex.Civ.App. [1st Dist.] —Houston County Attorney lieve the County of Harris n.r.e.). writ ref d was bring authorized under Article 339 to case, county attorney In this raised this suit. important respect several issues with to his Attorney I also County believe the duties, any, “Operating if to the Board of County requisite justiciable Harris has the County Authority the Harris Toll Road interest to attack the formation of the Har- County the Harris Toll Road Au- and/or County Authority ap- ris Toll Road thority.” I would hold the trial court erred pointment operating agree I board. concluding in County Attorney of Har- generally, county attorney that has no County authority ris had no to seek an proceeding to institute a for or injunction declaratory judgment on power unless that behalf of expenditure reference given by is statute or orders of the commis- requisite justiciable funds and lacked the However, sioners court. Article 339 allows interest to attack either the formation of proceeding attorney a to institute a County Authority' Toll the Harris Road in capacity, his on not for official appointment board. Likewise, I county. believe a behalf of county attorney permitted in his official ELLIS, J., capacity, joins in without an order of the commis- this concurrence. BROWN, Justice, 2372p J. CURTISS Chief visions of art. dis- which are senting. conflict with the of art. 6795b-l. respectfully

I dissent. The threshold question presented to this court is whether appellant’s It is contention that the com- authorized, pur- the commissioners court is usurped missioners court the duties of the suant to TEX.REV.CIV.STAT.ANN. art. County Attorney’s Harris office when it (Vernon 6795b-l Supp.1984), 1960 and employed special provide legal counsel to employ attorneys, along experts, with other County services to the Harris Toll Road expedite necessary work to Authority. argues He these duties further the of toll road construc- right County include the the Harris At- argument tion. The best in favor of this torney appoint appoint- to either or veto the language dissent is the of the statute itself attorneys, ment of even in connection with Appendix which is attached hereto as A. roads, special projects despite as toll proceeded project may unusually

This case the fact the im- trial before Coleman, Tom portant county, requiring Honorable retired Chief Jus- to the the servic- Appeals, acting tice of the First Court of specialized experts. es of He his bases Presiding Judge of the 280th Judicial Dis- argument primarily statutory provi- on the judgment, trict The court Court. rendered sions of arts. TEX.REV.CIV.STAT.ANN. denying appellant sought. Upon the relief 2372p. 331h and request, Findings of Fact and Conclusions special Article 331h is statute which Judge Law were filed. Included in Cole- adopted by Legislature was following: man’s conclusions were the creating County of Harris the office Attor- 12. Because the County Harris Toll ney. response The statute was enacted Authority department Road is a question posed Attorney to a to the Gener- county government, Tex.Rev.Civ. At- al as to whether the Criminal District Stat. art. 334 and Tex.Rev.Civ.Stat. (who torney County of Harris then filled 2372p applicable Ann. art. appellant) duty repre- role of had the issues involved in the above-entitled County Dis- sent the Harris Flood Control and numbered case so far as General, Opinion Attorney trict. The provi- are not conflict with the (1953),replied law did not No. S-03 sions of art. 6795b-l. Attorney impose upon the Criminal District 13. Because Article is the 6795b-l sub- County any duty represent of Harris law, sequently general ap- enacted matters; County generally Harris in civil plicable only event therefore, duty represent he had no being developed, toll road In County Flood Control District. constructed, operated, opinion, legislature response to this exception 6795b-l constitutes an of Harris Crim- abolished the office any provision of Tex.Rev.Civ.Stat. inal District and enacted Articles 2372p Ann. art. where art. 6795b-l previously lh All duties and 326k. civil 2372p and art. conflict. Dis- handled the Harris Criminal

14. Tex.Rev.Civ.Stat.Ann. art. 6795b-l Attorney transferred to the new trict were specifically Operat- authorizes the County Attorney and the office of Harris ing County Board of the Harris Toll transferred to the criminal duties were private Authority employ Road attorney’s office. newly established district provide legal counsel to servic- arts. 326k TEX.REV.CIV.STAT.ANN. See develop- es in connection with the (Vernon 1973). Appellant seeks and 331h ment, construction, operation and 331h, Article solace in the management County of the Harris claiming that he has absolute and exclusive Authority. Toll Road handling mat- authority over the of all civil disagree. I 3 of Article 331h art. ters. 16. Tex.Rev.Civ.Stat.Ann. 6795b-l pro- provides: exception constitutes an to the It primary shall be the duty of the purposes Coun- other right where the of eminent

ty Attorney of County Harris or his as- given domain is It provided counties. represent Texas, sistants to the State of in such statute that where the counties County Harris and the officials of such county attorney, special have a counsel county in all civil pending matters be- shall county be named attorney and the courts Harris County and fore will be for such time and on such terms as any other courts where the State county attorney may proper deem Texas, County Harris expedient, subject approval officials county pending. have matters commissioners court. It is understood that County Attor- Prior to the 2792p enactment of Article ney represent will the State of 1961, in Texas recognized courts had County Harris and the officials of such power of a commissioners court to hire county in such civil matters as is now special counsel represent required by law Criminal District public importance. matters of unusual Attorneys, District Attorneys, Davis, (Tex.Civ. Gibson v. 236 S.W. 202 County Attorneys exception with the App. 1921, writ); no Galveston —Galveston County that the represent Gresham, (Tex. County v. 220 S.W. 560 the Flood Control District of Harris 1920, Civ.App. d). writ ref In- —Galveston perform any and all other deed, the commissioners court could hire imposed duties by this Act special counsel to assist the attor- fee, compensation additional perqui- ney discharging statutory his duties. paid site other than Harris Coun- Greene, Terrell v. 88 Tex. 31 S.W. 631 ty (Em- salary out of its officers fund. (1895); Adams, Seagler v. 238 S.W. 707 phasis supplied). 1922), (Tex.Civ.App. affd., 112 —Galveston 331h, TEX.REY.CIV.STAT.ANN. art. (1923). However, Tex. 250 S.W. 413 (Vernon 1973). It seems clear from this Terrell, supreme S.W. at court language term, matters,” that the “all civil held that a commissioners court was not above, as used created no new duties for special repre- authorized to hire counsel to the county attorney, encompassed only but sent the in routine matters where those previously matters handled county attorney statutory duty had a criminal attorney, excep- district act. representing tion of the Harris legislative history Flood Control While there is no avail- District. explaining able to assist in the enactment 2372p TEX.REV.CIV.STAT.ANN. art. 2372p, I appellees’ explana- Article find (Vernon 1971), passed by legislature in tion a reasonable one. At the time Article employment relates special 2792p enacted, was court commissioners 500,000 counsel counties of more than (1) already empowered special was hire population (including County). This any extraordinary counsel to handle mat- statute authorizes the commissioners court approval ters without (cid:127) from the at- employ special represent counsel to (2) torney; special hire counsel to as- county in brought by against suits county attorney in sist the routine matters. county, and to render aid and work with Thus, logical legislature, it seems court, county engi- commissioners enacting neer, 2792p, grant chose to county employees and other in the power commissioners court it did preparation of necessary documents in the have, already appoint special i.e. to counsel acquisition rights-of-way < matters, despite the or in cases to handle routine required where the might fact such rights-of-way highways obtain the matters fall within for state acquisition statutory county attorney. or to assist duties of the of such Following reasoning, rights-of-way; represent to this line of it is clear proceedings acqui- all condemnation for that while it is incumbent a commis- rights-of-way highways, sition of and sioners court to consult the Attor-

587 In ney regard hiring special in the act. counsel counties included Cail v. Inc., matters, Motors, 815 660 S.W.2d procedure no such Service routine (Tex.1983), supreme court stated that if our need in matters which fall out- be followed unambiguous, is extrin a statute clear and side or ordi- parameter routine statutory sic aids and rules of construction nary, in the case before us. inappropriate statute should and the TEX.REV.CIV.STAT.ANN. art. 6795b-l meaning given everyday (citing its common (Vernon Supp.1984) compre- is 1960 and a (Tex.1974) 913 parte Ex 510 S.W.2d Roloff, authorizing statute the commis- hensive Chicago Banks Trimmers and v. Grain construct, plan, operate sioners court Assoc., 459, 465, 390 88 S.Ct. U.S. projects and toll road in Harris maintain (1968)). 30 Since no limi L.Ed.2d counties), (and eight other coastal legislature placed by tations were on projects affecting as well as similar 6795b-l, granted powers transportation needs of those counties. It may impose court conditions on the development, sets up plan a financ- powers. exercise of those See Baird v. ing, operation construction and of toll Inc., Coops., Sam Houston Electric County. provides roads in this Section 1 (Tex.App. S.W.2d 734 [1st Dist.] —Houston project” may that include the “cost dism’d). writ legal, engi- “the payment of all fiscal and A reading fair of Article 6795b-l demon- neering expenses incurred connection legislature did not strates envision acquisition and with the construction of the County Attorney, involvement of the project making preliminary sur- any manner, development, veys investigations and the and authoriza- struction, operation of the toll and road tion issuance of the bonds.” Section successful, project. project to be Such 5b authorizes the commissioners court competent engineers, attorneys, have must appoint needed, operating an if if it board speedily deal with experts and other feels a could be “developed, con- implement every at hand so as to structed, managed operated, and better aspect important work. The this most efficiently” by more such a board. It fur- fully supports evidence the conclusion that ther authorizes board to ex- expedition building of the toll power ercise the and authority same problem is to deal with the roads essential court commissioners exercise in re- congestion County. traffic in Harris gard development, construction, op- give Legislature has not seen fit to eration, management project. management County Attorney any role in However, subject the board is to such limi- projects. pre- tations and restrictions as scribed the commissioners court. This JJ., SEARS, join in this JUNELL and power right includes the dissent. consultants, engi- “employ attorneys, ... advisors, neers, agents financial and other A APPENDIX or contractors in employees connection bridges, Causeways, Art. 6795b-l. construction, development, opera- with the tunnels authorized Gulf Coast tion, management project.” 50,000 or more counties of explicit, Article 6795b-l detailed authorized; Construction and statute, the unambiguous purpose expenses cost object of is to allow certain counties projects Any county toll roads and similar State of construct on the Gulf Mexico affecting transportation of those Texas which borders needs ity as a the court would be no court was court. While Whether or not commissioners Board,” Operating empowered appoint acting "Operating Board as an I more efficient itself disposition Arti- irrelevant to this case. court’s action see no harm in the commissioners expressly cle authorizes the commis- 6795b-l of this case. which would affect the outcome manage capac- in its sioners court paid from the proceeds Any of the bonds. population and which fifty has a preliminary expenses of thou- paid county from (50,000) more, according sand or repaid last funds shall be to such funds from Federal preceding proceeds Census the available, authorization the of the bonds when hereunder, of through bonds acting its and all engineering and fiscal contracts and Court, hereby agreements Commissioners is authorized projects for such heretofore empowered construct, acquire, and to im- hereby entered into are validated and con- prove, operate a causeway, and maintain any causeway, bridge, firmed. Where tun- tunnel, bridge, any nel, or of such combination or combination thereof or constructed facilities, including necessary ap- acquired and financed hereunder extends fixtures, accessories, proaches, equip- and point from a in county issuing the the (all point ment of which are hereinafter referred bonds to a in county, may another it (1) project”) point to as “the from one be so acquired only constructed or after another, (1) county said or from one there adopted shall have been the Com- point in county point said to a another missioners Court county of the issuing not county (regardless bonds, population of the of approving resolution and con- in, county), over, through senting such other acquisition, or such construction or under the of Mexico or waters Gulf the Commissioners Court of such thereinto, bay opening county or hereby adopt inlet authorized to such solely its payable issue revenue from long bonds resolution. So as and to the extent opera- project, thereof, the revenues to be derived from part has not thereof, pay designated tion the cost of such con- been part High- of as the State struction, improvement. acquisition, way System, (which part of the project Among things, project other the cost of the has not so designated) been in each following: cost of may include the shall be considered a struction; real, property, system county, the cost of all road of such and all laws mixed, personal, appurtenances, relating and all to maintenance of roads easements, contracts, franchises, pave- hereby applicable any project made ments, nature, properties every of used or acquired constructed hereunder in so far in connection with the construc- useful do conflict with the tion, acquisition, hereof; improvement, operation, and each into which pay- project project; may acquire necessary and maintenance extends condemning any right ways ment of the cost of such lands or or other property by purchase, otherwise, property, payment both the including condemnation or un- payment and the of the court costs der the award General Laws and the fees; attorneys payment county issuing of all the bonds shall have such fiscal, expenses powers in- legal, engineering respect necessary lands or acquisition right ways property curred connection with the or other each extends; pro- and the and construction into provision making preliminary surveys payment and investi- vided that purchase award, gations price, may and the and issuance or other authorization costs bonds; payment may upon of be agreed of the revenue and the such terms as prior during by on the Commissioners Courts of interest issuing occupied by the construction of the bonds period and the (1) proceeds year one thereafter. the bonds issued hereunder and for purposes; consider pro- If Court shall be used such the Commissioners vided, further, purchase through that no election acquire, it desirable to shall be lease, pur- necessary existing ferry properties authorize issuance properties during payable bonds issued hereunder pose solely revenues, construction, from period over route to but in case no election held, properties be traversed notice intention to issue such bonds given provided cost thereof acquired so Sections and

589 Reg- 304, the Acts of Chapter in elsewhere 3 of the Bond and 1931, Legislature Warrant ular of the Fiftieth Law of Session as amended, such to issue subject right bonds shall be to the of refer- (b) payable of and pledge A from either in provided endum Section 4 of Law. said tax levied ad valorem out of the Road Bonds authorized to be issued this under Bridge Fund Tax authorized for coun- initially not be sold less than law shall for 8, ties under Article Section 9 of the Consti- accrued par and interest. No funds raised tution, au- or an unlimited ad valorem tax by any county or to be raised taxation in 3, the thorized under Section 52 of expended any on ex- shall be pursuant and laws Constitution enacted (2) tending between two counties unless thereto; or Commissioners Court of is au- (c) part be designated A of the bonds to expend by thorized such funds a vote of by pledge a as solely secured of revenues qualified the electors election vote at an (a) provided desig- under sub-section and a by called for such Commissioners Court by nated of the bonds to be secured purpose. Notice of such shall election be pledges ad provided of such valorem tax as published (2) once a week for two consecu- (b) Section; under sub-section this newspaper in a general tive weeks circu- (d) pre- A combination of the methods publication lation in said the first (a) (b) scribed sub-sections under (15) prior than days be not less fifteen sup- wherein of the bonds are to be of said date election. As amended Acts ported by and secured such ad valorem tax § 446, Leg., p. 54th ch. duty imposed with the on Bonds; charge only on revenues of long collect use of tolls for the facilities so approval projects; registration; as bonds are outstanding of the so that methods; alternative elections prescribed to be manner in the bond Except Sec. 2. as in expressly provided the trust resolution or indenture Section, no this bonds hereunder authorized tax time amount of the to be collected from shall be a debt county issuing ever of the may to time be reduced or abated to them, solely but shall charge be opera- extent revenues from of the revenues never be and shall tion meet of the facilities sufficient to determining powers reckoned operation requirements for and mainte- to issue any purpose bonds for provide funds nance and to for the bonds by authorized law. Each such shall bond prescribed as in the indenture. contain this clause: “The holder hereof wholly partially But bonds no such right shall pay- never have to demand supported an ad valorem be tax shall obligation ment of this out of funds they and until issued unless shall have to be raised or raised Bonds taxation.” been at an election at authorized presented issued hereunder question issuance shall of their have been General approval for his sup- the bonds submitted. If are to be same and with manner like effect ported they limited ad by a valorem tax provided approval bonds is- of tax must been authorized not less than have sued counties. In such the bonds case majority at an election called vote registered by Comptrol- State substantially prescribed held the manner ler as in case of other bonds. Chapter for the issuance bonds notwithstanding any in this But limitations 22 of the Revised Civil of Title Statutes amends, any Act or in law which it If the of Texas as amended. bonds are county proceeding hereunder after supported by an unlimited tax must amendatory Act becomes is- effective by not than a have been authorized less by any purpose sue for such secured bonds majority vote at an election two-thirds following one methods: substantially in the manner called and held (a)Solely by pledge of revenues as prescribed the issuance of unlimited tax prescribed hereinabove in this Section Chapter 3 of Title road bonds from time to time. time or Such solely from payable the revenues shall be Revised Civil Statutes from the to be derived amended. As amended Acts 51st mandatory duty Leg., p. 219, project and it shall be ch. 1Foil. art. 8197f. impose such tolls and charges as will be use of aid; contracts; Federal or state operate and fully sufficient to maintain acquisition property of and pay principal of interest on the Sec. 3. Any county proceeding hereun- establish reserve when due and such bonds may der accept any loan, gift, grant or provided, may as and establish therefor be from the United States of America or the adequate depreciation re- fund for and any State of or agency or instru- placement. The Commissioners Court shall mentality thereof, and may any enter into fixing in of full discretion the details have agreement agreements by prohibited or determining and in the manner bonds may necessary Constitution which be to thereof, provided of sale that the bonds loan, grant, obtain such gift. or Construc- (40) years than forty shall not run more may tion contracts be awarded with or date, rate their and that interest from without advertised notice for bids such price such the inter- and sale shall be may by manner deemed as be advisable six cost of the bonds not exceed est county may Commissioners Court. Such annum, (6%) av- per computed on per cent lands, waters, enter on any premises and according to ta- erage standard maturities making for the purpose surveys, of sound- may The be of bond values. bonds bles ings, examinations, and and if considered maturity man- prior to in such redeemable advisable may right exercise the of eminent as deter- prices may and at such be ner domain may and institute condemnation prior to by mined Court Commissioners proceedings provisions any under of is- All bonds the issuance of bonds. pertinent Law of General Texas hereby de- and are sued hereunder shall purpose acquiring any of property to be qualifications and all of the clared have used or useful connection with the under negotiable instruments incidents project. any In condemnation suit Negotiable Law of Texas.1 Instruments having jurisdiction may Court make such registration may made Provision be as may just orders and to be or principal or interest such bonds as the owners of the property to be con- proceeds of the bonds shall be both. demned. Upon any the institution of such as cost of the solely pay used proceedings upon condemnation and tender defined, under shall be disbursed above of a bond other security or in sufficient provided in the may be such restrictions sum to secure the owner or owners for trust indenture herein- resolution or bond damages upon approval of such bond and is mentioned, there shall be after Court, or other security by the upon granted lien hereby created and right posses- shall have the to immediate applied moneys in favor until so such property subject sion of the which is the any provid- or trustee holders the bonds proceedings matter of the condemnation Unless respect of such bonds. ed for may Tex- enter thereon. The State of or provided in such resolution otherwise hereby expressly grants any indenture, if the bonds proceeds ways right full easements pay the cost of prove insufficient across, under, through, any and over lands may issued be project, additional bonds may property or owned State which shall be of the deficit and the amount necessary or the construc- convenient to issue and entitled to be of the same deemed tion, acquisition or efficient same fund without from the payment project. first priority or bonds preference Bonds; tolls; trust indenture bond Any surplus remaining from issued. project has cost of the proceeds after the Sec. The bonds issued hereunder may paid paying be authorized at one resolution been full shall be used foregoing,

holders. In addition to the on retiring may interest Prior to the or bonds. bond resolution trust indenture bonds, temporary issuance definitive tain such as the Commis- bonds, coupons, interim with or may without sioners Court deem reasonable and exchangeable may for definitive bonds proper security the bondholders may issued. Such limitation, be authorized and including, covenants but any proceedings hap- issued without or the prescribing happenings occurrences pening things conditions or or the which events constitute of default and the publication proceedings notices terms and or all conditions specifically other than specified those of the bonds shall become or be de- required Act, authoriz- maturity clared to before be due as to regard ed and issued without to the re- liabilities, rights, powers and duties restrictions, quirements, procedural pro- arising upon the breach in any visions contained other law. any obligations. of its or duties authorizing may pro- resolution the bonds Articles 5932-5948. vide that such bonds shall contain a recital Rights of bondholders or trustee for pursuant that are issued this Act bondholders; receiver and such recital shall be conclusive evi- Sec. holder Any or holders of bonds validity regularity dence of their and the hereunder, including issued trustee or their issuance. holders, trustees for such shall have the If provided by so the Commissioners right rights by in addition all other man- Court, may the bonds be secured trust any proceeding damus or other in Court of indenture and between the and a competent jurisdiction enforce his or trustee, corporate may trust be rights against their the and its em- company having or powers bank the of a ployees against may and board which company trust within or of the outside operate project be created to the and State of Such may Texas. trust indenture against thereof, and agents employees the pledge assign or tolls and revenues but to, including, right not limited the but convey shall not or the mortgage project require the and such board to im- any part itself or thereof. Either the reso- charges and pose and collect sufficient tolls providing lution for the issuance of the carry agreements contained in out the or may bonds such trust indenture contain or trust indenture and the bond resolution provisions such for protecting and enforc- agreements perform all and covenants ing rights the and remedies bond- arising contained and duties there- therein may proper holders as be reasonable and from, ap- apply and to for and obtain law, including and not violation of cove- project. pointment of a receiver for the If setting nants the county forth duties of appointed, may he enter such receiver be acquisition properties relation to the project possession take and and construction, maintenance, opera- project maintain the and collect receive tion, repair, and insurance arising revenues and tolls therefrom in custody, safeguarding, applica- might as the itself the same manner moneys. of all It shall tion be lawful for dispose moneys and shall of such do company bank or trust in this State to apply obliga- same in accordance with depository proceeds act bond under the resolu- tions opera- or bonds revenues derived from and as the Court tion or trust indenture project tion and to furnish such may direct. indemnity pledge or to securi- bonds such agreement or lease Contract may required by county. ties county proceeding hereun- Any Sec. 5a. may bond set Such resolution indenture after effec- rights the bond- der this amendment becomes forth and remedies of may may, within the discretion Com- holders and of the trustee and restrict tive Court, prescribed to the rights the individual of action the bond- missioners extent project under lease or contract with county. Highway The State Commission inden- the bond resolution or the trust legis- further have pursuant provisions ture or thereof provision enactment to make such lative agreement make a contract or lease under operation for and contributions toward may operated for a which the facilities project may maintenance of the as it see extending beyond period fixed therein not fit, project under lease maturity the date of the of the last matur- terms not inconsistent with the firm, bond, ing agency, person, another of the bond resolution or trust indenture as corporation, provided nothing that agreed upon interpret- such contract or lease shall be so any part to declare the thereof to right ed as to interfere with the part Highway System be a of the State representa- holders of the or their operate part thereof and main- require proper operation tives to Highway System, as a of the State payments tenance of the facilities and however, provided, that such declaration prescribed for the benefit of the bonds as be made and such under- inden- resolution or the trust bond only property taken to the extent Leg., p. ture. Added Acts 51st rights and in the contract ch. unfavorably affected there- bonds are free from taxation Bonds by. When all of the bonds and interest pur- accomplishment of the Sec. 6. The paid, or thereon shall have been a suffi- being poses stated in this Act bene- payment of all bonds cient amount for the people and for the fit of the of this State maturity and the interest thereon to improvement prop- of their commerce set aside in a trust fund for the have been carrying pur- erty, out benefit of the bondholders and shall contin- poses performing Act of this will be purpose, project held for that ue governmental function and shall essential Highway shall become a the State required pay any not be tax or assess- System and shall be maintained thereof, any part or ment on Commission, Highway free of tolls. State hereunder and their and the bonds issued 219, 1949, Leg., p. As amended Acts 51st therefrom, includ- transfer and the income § 122, 4., ch. thereof, ing any profits the sale made on Contributions United States taxation shall at all times be free from or state within this State. Powers of counties and of State 7(a). hereby Sec. autho- Highway Commission accept rized to from the United States any departments Government or of its or granted herein powers Sec. 7. The any agencies or from the State of Texas or by such counties and the be carried out departments agencies, any of its or contri- acquired operated projects may be or assistance available from such butions charges and maintained tolls and fixed in connection with the source or sources consent, supervision approval, operation acquisition, construction commission, depart- any regulation or agreements and to enter into such ment, bureau, agency, or officer any one or of them reference however, Texas, provided, State operation acquisition, construction shall be construed nothing in this Section 1949, Leg., project. p. 51st Added Acts Highway Commission prevent the State § 219, ch. 5. maintaining the operating and from opera- contributing of such to the cost legal security Bonds as investments or maintenance under such tion and 7(b). All Sec. bonds issued under this agreed which law before and after this amendment shall rights of are not inconsistent with hereby be and are declared to be any agency, rights bondholders banks, savings authorized investments for corporation firm or then person, Causeways, bridges, and Art. 6795b. authorized in Gulf Coast tunnels banks, companies, building trust and loan 20,000 or more counties of associations, savings associations, and loan companies, fiduciaries, trustees, insurance guardians, sinking and for the funds of References Cross cities, towns, villages, counties, school dis- outstanding cause- to refund Bond issue

tricts, political corporations or other or sub- bonds, art. 795a. see way revenue divisions State Texas. Such bridges, Causeways, tun- 6795b-l. Art. eligible deposit bonds shall to secure the highways nels, turnpikes, or autho- any public and all funds of the State of 50,000 counties of rized in Gulf Coast public and all funds of or more cities, towns, counties, villages, school dis- tricts, political corporations or other or sub- Texas; divisions of the State of and such authorized; Construction and bonds shall be lawful and sufficient securi- expenses cost and ty deposits for said to the extent of their Any county the State of value, accompanied by when all unmatured Texas which borders on the Gulf of Mexico coupons appurtenant thereto. Added Acts any bay opening or inlet thereinto and Leg., p. 51st ch. population fifty which has a thousand Refunding bonds (50,000) more, according to the last Fed- Subject Sec. 8. restrictions preceding eral Census the authorization of may appear in the aforesaid trust hereunder, acting through its Com- resolution, indenture or bond the Commis- Court, hereby missioners authorized and may by sioners provide Court resolution construct, acquire, improve, empowered to purpose for the issuance of bonds for the operate causeway, bridge, and maintain refunding any bonds issued under this tunnel, turnpike, highway, or combina-

Act at outstanding. the time The is- facilities, including tion all neces- bonds, suance of refunding the matur- underpasses, interchang- sary overpasses, thereof, rights ities and other terms of es, houses, plazas, entrance toll service sta- thereof, the holders and the duties of the tions, fixtures, accessories, approaches, county respect sanie, in to the shall be administration, storage, equipment, and governed by foregoing provisions of together necessary buildings, and other in may this Act so far as the same be easements, rights, and property with all applicable, refunding no such but bonds acquired in connection therewith interests shall be delivered unless delivered in ex- (all of which are hereinafter referred to as change for the bonds authorized to re- be (1) project”) point from one in said “the thereby funded or sold unless and delivered (1) another, point in county or from one provide payment funds for the ma- of in point said to a another maturing tured or redeemable or bonds (regardless population of such other (3) three redeemable within months. bonds, county), and to issue its tax revenue invalidity Partial bonds, tax and or combination revenue clause, sentence, any para- construction, Sec. 9. If bonds, pay the cost of such graph, any or of this Act shall for Among acquisition, improvement. or other compe- adjudged by reason be Court of may things, project include the cost ineffective, jurisdiction construction; tent to be invalid or following: cost of affect, judgment impair, such shall not or real, personal, and property, cost of all Act, easements, invalidate the remainder of this but mixed, appurtenances, and confined in to the franchises, be its contracts, pavements, prop- and clause, sentence, paragraph, part there- nature, or in every used or useful erties directly controversy in construction, involved in the acquisi- connection with judgment such has rendered. been tion, operation, and mainte- improvement, Leg., p. Acts eh. 304. 50th payment of the project; nance of the hereby

roads are applicable made condemning any property, cost of such in- project acquired constructed or hereunder cluding payment both the award in so far as do not conflict with the payment of the court and attor- costs provisions hereof; and each into fees; fiscal, neys payment legal, of all project which the may acquire extends nec- engineering expenses incurred essary right lands or ways or other acquisition nection with the and construc- property by purchase, condemnation or oth- making pre- tion and the erwise, under the General Laws of surveys investigations liminary county issuing and the the bonds shall have bonds; authorization and issuance of the powers respect such necessary payment interest on the bonds right ways lands or property project prior operating expenses on the extends; each into which during period occupied by provided provision payment for the (1) construction of the and for one purchase price, award, or other costs year If the Commissioners thereafter. may such may agreed terms as acquire, desirable to Court shall consider it upon by the Commissioners Courts of the lease, through purchase existing ferry county issuing the bonds and the other properties purpose county, proceeds and the of the bonds is- properties during period of con- such may pur- sued hereunder be used for such struction, the route to be traversed over poses; further, provided, that no elec- so ac- properties such necessary tion shall be to authorize the quired paid and the cost thereof from the issuance of bonds issued hereunder preliminary proceeds Any of the bonds. revenues, payable solely from but in case expenses paid from funds shall be held, no election is notice of intention to repaid proceeds such funds from the issue such given provided bonds shall be available, engineer- and all the bonds when in Sections 2 and of3 the Bond and War- agreements for ing and fiscal contracts and amended,2 rant Law of projects heretofore entered into are such authority to issue such bonds shall be sub- hereby and confirmed. Where validated ject right provided of referendum tunnel, bridge, turnpike, any causeway, Section 4 of said Law. Bonds authorized to highway, or combination thereof construct- be issued under this law shall be sold acquired hereunder ex- ed or and financed manner, public private either at county issuing the point from a tends sale, price as the Commission- point it to a another county issuing ers Court of the the bonds only after acquired be so constructed may determine to be for the best interests adopted by the Com- there shall have been county. issuing missioners Court 1977, by Leg., p. Sec. amended Acts 65th bonds, approving and con- a resolution § 2160, 861, 1, 29, Aug. ch. eff. acquisition, senting to such construction or 1Article 6674v. any such Court of and the Commissioners 2Article 2368a. adopt hereby such county is authorized extent long as and to the resolution. So Bonds; charge only on revenues of thereof, part has or project; approval registration; High- part designated as State been alternative methods Turn- considered a way System and is not 410, Chapter Sec. 2. No Project, pursuant in bonds authorized pike as defined 1953, (a) Legislature, Fifty-Third Subsection of this section shall Acts of ever amended,1 project them, part county issuing of the be a debt of the as but (which designated and is solely charge so shall a has not been be the revenues considered) in each shall be project not so and shall never be reckoned sys- road part of the determining powers considered a in relating to bonds, all laws tem of such any payable issue whole or operation of taxes, part any purpose the maintenance from authoriz- provide

nance and to funds for the bonds by payable solely prescribed ed law. Each such as bond in the indenture. project the revenues of shall from a contain But no such wholly bonds partially or “The this clause: holder hereof shall never supported by an ad valorem tax be shall right payment have demand of this issued unless until they shall have obligation any out of funds raised or to be been authorized at an election at which the by raised taxation.” All issued here- bonds question of their issuance shall have been presented under be submitted. approval General for his in the same man- 1977, Sec. amended Acts p. Leg., 65th provided ner and with like effect as 2162, 861, ch. Aug. 29, eff. approval of tax issued by bonds coun- 1This article. In reg- ties. such case the shall bonds be projects Pooled by the Comptroller istered State as in the case of other But bonds. notwith- projects Sec. 2a. or more Any two standing any limitations this Act or in by county proceeding structed a hereunder amends, any county pro- which it law may, adoption upon the of a resolution ceeding hereunder this amendatory after same, approving duly passed by the

Act issue becomes effective bonds for Court, pooled desig- be Commissioners purpose any such secured one of the existing “pooled project.” Any nated as a following methods: projects may pooled or in whole (a) Solely by the pledge revenues as part or in projects new or prescribed hereinabove in this Section being designated, thereof. so After such Chapter 304, Reg- elsewhere Acts of the “pooled project” become “project” Legislature, ular Session of the Fiftieth Chapter Regu- as used in Acts of the amended;1 or Legislature, lar Session of the Fiftieth project may No amended.1 (b) A pledge of payable from either pooled more than once. Consistent with valorem ad tax under Article levied providing the resolution for the or order Constitution, Section 9 of the or an unlimit- issuance or the trust of the bonds inden- ad valorem tax ed authorized under Article same, securing ture the resolution 3, Section 52 of the Constitution and laws Court shall set Commissioners a date pursuant thereto; enacted projects being certain when each (c) designated part A bonds to be pooled authorized to be shall be available solely by secured pledge revenues as public. Subject for the free use of the (a) provided desig- under and a sub-section the terms of bond resolution part nated to be bonds secured indenture, any county proceeding trust pledges provided such ad tax as valorem hereunder is to issue from time authorized (b) Section; under sub-section of this to time bonds of the as hereinbefore (d) authorized, including pay- A bonds which are pre- combination of methods (a) (b) part or in under able either whole from the scribed sub-sections pooled project, pur- sup- wherein all of the are to revenues of a (i) any part pose paying of the cost ported secured such ad valorem tax pooled or the duty imposed of such cost of on (ii) pooled project, paying long tolls for use of facilities so collect improvements, outstanding constructing costs of exten- any as bonds are so that sions, of enlargements any part or to all or prescribed in the manner to be the bond (iii) any any pooled refunding or project, indenture resolution or the trust outstanding issued from time bonds then on account amount tax to be collected any pooled any part any or may project or of of to time be reduced abated to the including payment of opera- pooled project, extent that the from the revenues any any redemption premium thereon and tion of facilities are sufficient meet of requirements accrued accrue to the date for and mainte- interest or to agreement may provide for contract or bonds, and, redemption of such if deemed ownership project or for title to joint Court, by pay- the Commissioners advisable project any to be in one of the contract- ing constructing improve- the costs of addition, contracting ing parties. any In ments, extensions, enlargements to the county proceeding may hereunder issue its pooled project any part any pooled of or herein, bonds, pur- authorized for the project in connection which or in con- with any part of the cost of pose paying of all or any part nection to be which bonds obligated project said a which refunded shall have been issued. Reve- agreement. pay any such contract or under any part pooled nues of all or of such agreement Any or entered into contract pledged payment project may be to the may any contain terms under this section extensions, Improvements, or such bonds. any period extend for of time to which enlargements paid refunding from be agree, may provide that parties can bonds issued hereunder are not restricted speci- until it will continue effect bonds any to and need not on be constructed refunding issued in lieu fied in it and bonds particular part pooled project in con- of a paid. any If such con- of those bonds nection bonds to refunded with which provides, payments agreement tract or so may may been issued but be con- have thereunder shall be made parts structed in whole or in on other project, expenses of the maintenance pooled project not covered operation of derived from the revenues Within the discre- bonds to be refunded. pay- may pledged to such project such refunding issuing county, tion of the ment. in ex- may issued hereunder be issued ture, parts project as so amended shall be and become tained proceeding hereunder change otherwise amend the extent town, subject 2163, or sold and the of the State of constituted agree “pooled project” may from time to Sec. 2a added Contract project Sec. 3a. trust struction, Regular redeeming 1This article. s£ feasibility Regular special eh. herein to the for having indenture, any pooled project, 861, n : any other political Notwithstanding anything con- outstanding Session of the Fiftieth proceeds used district, acquisition, agreement terms of Session, outstanding § 3, studies previously ^[*] Acts add subdivision Chapter contrary, any county eff. used for the county, city, village, 1977, to, 1947, ^[*] may contract or bonds or etc.; Aug. bond delete designated a or bonds. surveys 65th 304, as amended. ^[*] combination component resolution 29, from, purpose Leg., Legisla- Acts of agency legally pooled ^[*] time, Any or p. pay toll for the issue its bonds months from the date of such notice to ment expended funds agency, assume sole thereby exclusively preempt sibility construction, more notice provement, proceed with acquisition, improvement, op- set forth in this sentence shall not county has any county or refused for cy ed, however, eration, If on from surveys the cost of the not; any agency of the and maintenance of the effective date purpose constructing certified and the state practicability given operation, and maintenance of proceeding or purpose construction, acquisition, im- county proceeding making the state the consent of such state any reason the amount of the amount mail of its intention to project. determining responsibility foregoing other State hereunder conducting agency project; provid- agency the state constructing investigations this amend- required project within restriction hereunder Texas has $75,000 has failed the fea- apply if such written studies agen- six or a 1977, Sec. 3a added these, construct, improve, Acts acquire, Leg., p. 65th ch. project. Any operate, Aug. and maintain a eff. utilized annually required to the by extent the tolls; tax; resolution or order for Bonds; purposes, such ad valorem and may provide the county trust indenture resolu- tion or order that certain costs listed in the The bonds hereunder Sec. 4. issued resolution or order or all of such costs will may by or order at be authorized resolution paid be by the from proceeds the from Bonds one time or time to time. the tax. As such pay- to bonds which are payable gross may or net be from revenues able either part in whole or in from the authorized and issued under a resolution operation revenues to be derived from the the or order of the Commissioners Court of of a project, operating the issuing bonds, the no other and maintenance and expenses required. project or approval authorization the shall include only However, presented may bonds to the be such items as are- set forth and defined in provided General as Sec- the proceedings authorizing the issuance of tion 2 article. If of this such bonds such bonds. The Commissioners Court payable or in the reve- in whole from shall have fixing full discretion in the de- nues to from the be derived tails of the bonds authorized be to issued mandatory duty project, it shall be the hereunder and in determining the manner duty of the be executed may thereof, provided sale bonds, pursuant operating appointed board term, serial, whether or combination there- hereof, to such impose Section 5b to tolls of, shall (40) mature not more forty than charges and use of the as years from their date. may The bonds sufficient, fully will be taken with when contain mandatory such optional or re- any other funds or revenues available for demption provisions and may mature in taxes, purposes, including such ad valorem such manner at prices such as may be pay maintenance ex- determined the Commissioners Court penses project, principal pay of the prior to the issuance of the bonds. All premium, any, if of and and interest on the hereunder, bonds issued interest due, to such bonds when establish reserve coupons pertaining bonds, on deliv- may provided, therefor be and to as estab- ery shall be considered and construed to be adequate depreciation lish an fund for “securities” the meaning Chapter within However, replacement. in connection with Code, Business & Commerce the issuance of bonds Subsec- described negotiable bonds are if they are issued (a) article, tion of Section of this accordance may Act. Provision authorize, county may bond resolu- registration be made for of such bonds as order, payment principal tion principal or interest pro- or both. The premium, any, if and interest on the ceeds of solely the bonds shall be used gross bonds from revenues pay cost of above de- project, county may levy fined, and be shall disbursed under such pledge payment of maintenance and provided restrictions as be in the bond operating expenses and to resolution, order, or trust indenture herein- of a the establishment and maintenance mentioned, after and there shall be and is depreciation and re- and a reserve fund hereby granted created and lien placement project, either as a fund moneys applied until so in favor of the supplement pledge revenues for provid- holders of the bonds trustee pledge purposes those lieu of for in respect ed of such bonds. Unless revenues, continuing ad valorem a direct provided resolution, otherwise or- VIII, 9, as amend- tax under Article Section der, indenture, if proceeds ed, III, amended, 52, as or Article prove pay insufficient to cost of Constitution and laws Texas additional bonds be issued provisions, may enacted under those amount of the deficit shall provided author- in the resolution or order deemed to be of the same issue entitled izing proceeds issuance the bonds. payment pledged of a tax under this section from the same fund indemnity pledge

furnish such bonds or to preference or priority of the bonds first may required by such securities as be Any surplus issued. remaining from bond resolution, order, county. Such bond or proceeds after project the cost of the has may rights indenture set forth the paid been in full paying shall be used in remedies of the bondholders and interest on and retiring bonds unless other- may trustee and restrict the individual provided resolution, order, wise in the bond rights of action of the In bondholders. or trust indenture. Prior to the issuance of foregoing, addition to the such bond resolu- bonds, bonds, definitive interim with or tion, order, may or trust indenture contain coupons, exchangeable without for defini- provisions such other as the Commissioners may may tive bonds issued. be Such bonds may proper Court deem reasonable and for any pro- be authorized and issued without security including, of the bondholders ceedings happening any or the condi- limitation, pre- but without covenants things publication any tions or or the scribing happenings or occurrences proceedings or notices other than those which constitute events of default and the specifically specified required by this upon any terms conditions which or all Act, may be authorized and issued may of the bonds shall or de- become regard without requirements, restric- maturity clared to be due before and as to tions, procedural provisions or contained in liabilities, rights, powers and duties any other law. The resolution or order arising by the breach authorizing may provide the bonds any obligations. of its duties or such bonds shall contain a recital that 1977, by Leg., p. Sec. amended Acts 65th pursuant are issued Act and such to this § 2164, 861, 5, 29, Aug. 1977; ch. eff. Acts recital shall be conclusive evidence of their § 4041, 1983, 630, 1, Leg., p. 68th ch. eff. validity regularity and the of their is- 29, Aug. suance. provided If by so the Commissioners conveyances; county property; re- Use of Court, may the bonds be secured a trust construction of closed or relocated indenture between and a roads, streets, highways nontoll or trustee, corporate may any trust Notwithstanding any Sec. 4a. other company having powers or bank of a law, provision of the commissioners court company trust within or outside of the land, may any county rights-of-way, use or may State Texas. Such trust indenture regardless or property, of when how pledge assign or tolls and revenues but property acquired, purposes convey mortgage project shall not or governing of a under this Act. The any part itself or thereof. Either the reso- body political agency of each subdivision or providing lution or order for the issuance state, of this form of adver- of the bonds or such trust indenture tisement, right may convey title or protecting contain such any property easements to needed enforcing rights and remedies of If county for a under this Act. bondholders as be reasonable and necessary or county shall find it to close law, including proper and not violation of change any portion the location of setting covenants forth the duties of the road, street, highway, it shall nontoll acquisition relation to the street, road, highway cause the nontoll construction, properties and the mainte- reconstructed at such a location and nance, operation, repair, and insurance shall deter- in such a fashion as safeguarding, custody, substantially provide mine the same will application moneys. of all It shall be road, street, high- access as the nontoll company in or trust lawful bank way being closed or relocated. pro- depository to act as State 1983, Leg., p. added Acts 68th Sec. 4a ceeds of the bonds revenues derived Aug. ch. eff. from the and to and limita- restrictions subject to the ty, by the Commissioners prescribed tions Validity pledges and effect of liens or acquire Court, project, to design Sec. 4b. Each lien pledge on or of reve- or other rights-of-way necessary lands project nues derived from the or on the by purchase, con- property for fund, depreciation replacement reserve and demnation, otherwise, and to establish fund, or other reserves or funds estab- the rates and tolls time to time revise from lished in connection with bonds un- issued project, to establish charged use of said der this Act is valid and enforceable from methods, systems, proce- payment time of delivery prescribe for and and by bonds authorized operation, the resolution or order main- dures, for the policies and creating commissioners court or con- project, and to tenance, use of the firming pledge. the lien or Such a lien or consultants, attorneys, engineers, employ pledge fully effective as to items then on advisors, em- agents, and other financial received, subsequently hand or in connection with ployees or contractors subject items pledge to such a lien or construction, operation, development, physical delivery of the items or project. management of further pledge act. The lien or is valid and 1977, Leg., p. 65th by Acts Sec. 5b added against any party having enforceable § 6, 29, 2166, 861, Aug. eff. ch. tort, contract, claim any kind in or other- against wise regardless n n n ! SjC n n party

whether the has notice of the lien or pledge. Neither a resolution or order au- payment outstanding Bonds for toll thorizing the issuance of bonds under this bridge revenue bonds Act by nor other instrument which the pledge lien or is created or confirmed need any county Sec. 8a. When has hereto- except regular be filed or recorded fore may issued or hereafter issue bonds county. records of the 304, under authority Chapter Acts of the by 1983, Sec. Leg., p. 4b added Acts 68th Regular Legislature, Session the Fiftieth § 4045, 630, 2, 29, ch. Aug. eff. 1983. 1947, payable as amended1 from the reve- * * * * * * nues derived from tolls collected for the

Operating board use of a project and which bonds are also payable from an unlimited tax authorized Any county Sec. 5b. proceeding hereun- III, 52, under Article Section of the Consti- der, a determination the Commis- tution, thereto, pursuant and laws enacted sioners Court thereof that a could developed, constructed, county acting through operated, and its Commis- managed efficiently by better and more may, sioners being duly Court after autho- board, operating may provide ap- III, provided by rized in the manner pointment operating of such an An board. 52, Constitution, Section and laws operating appointed board so shall have thereto, authorize, pursuant issue, enacted exercise, may subject to such limita- and sell its proceeds use the prescribed tions and restrictions as call, therefrom in an amount sufficient to Court, by the Commissioners the same redeem, pay outstanding off its tax power authority, including power pursuant and revenue bonds to the terms domain, eminent be exercised bonds, thereby of said remove the regard the Commissioners Court in pledge of facility the revenues from such development, construction, operation, and and the covenants in connection with said management project; provided, of a how- bonds and the of said ever, appointed that an board make such available for the free power hereunder shall not to tax have the public. use of the money. limiting or to borrow Without 1967, Sec. 8a added generality foregoing, operat- Leg., p. such an Acts 60th ing power 136, 1, board shall have the authori- 8, 1967; ch. May eff. amend- Leg., p. ed Acts 65th ch.

§ 7, Aug. 29, eff.

1This article. amendatory 8 of act word, clause,

provides: “If any phrase,

sentence, of this Act shall be held competent

by any jurisdiction court of to be unconstitutional,

invalid or it shall not af- word, clause, phrase,

fect sen-

tence, Act, of this and such remain-

ing portions in full shall remain force and

effect.”

Cross References outstanding

Bond issue to refund cause-

way bonds, revenue see art. 795a. VEALE, Sr.; Veale, Jr.;

Paul G. Paul G.

Gary Gipson; Parker; W. H. James Company, Appellants,

Paul G. Veale &

v.

Larry ROSE, Appellee. L.

No. 13-84-365-CV. Appeals

Court of

Corpus Christi.

Nov. 1984.

Rehearing Denied Jan. Rehearing

Second Motion for Overruled

Jan. Ewers, Norquest,

Neil Toothaker & Ew- ers, McAllen, appellants.

Case Details

Case Name: Driscoll v. Harris County Commissioners Court

Court Name: Court of Appeals of Texas

Date Published: Nov 15, 1984

Citation: 688 S.W.2d 569

Docket Number: B14-84-241CV

Court Abbreviation: Tex. App.