Case Information
*1 The Attorney General of Texas December 31.
JIM MAlTOX
, :torney General
Honorable Margaret Moore Opinion No. J&295 Travis County Attorney commissioners
P. 0. Box 1748 Rc: Whether Au6tin. ‘Iexae 707t 7 court may create a road district
which has two or more noncon- tinuous segments Dear Ms. Moore:
You have asked c:he following questions concerning road districts: 1. Carl the commissioners ~24 Alberta Ave.. Suita 160 court, pursuant El Paso. 7X. 7S9052793 the diecletion granted by section 4.413 “‘Y53534S4 County RowI and Bridge Act, create a road district which ha,s two or more noncontiguous segments interests and purposes providing 1001 TmlU, suite 700 noncontigmus segments are the S-F; ‘D”.lO”. TX. 77002.3111 lY2255SS6 clearly 2.’ It stated the bond proposition submitted to the voters WI Broadway. St&lie 312 needs and purposes of Is c1earl.y legitimate ,,bbOCk. TX. 7940lL3479 the road district. may bond fund6 be spent on Q&%-747-S238 road6 neciled ingress encomp66eed by the ro6d district? 309 N. Tenth. Suite S dcAtlan. 7x. 76m.te6s We conclude tha.t the law doe6 not authorize the creation of road 512mS2-4Y7 tracts land. di6trlcts composed of noncontiguous It Is our opinion that proceed6 of Imad lasued by a road dl6trict may be used dl0 Main Plaza. SuIIe UT3 egress 6nd lngreas road improvement6 outeide the boundaries sari Anlonlo. 7X. 7112052797 dletrlct if ha6 determined such lt1225-llSl improvements will kneflt taxable property of the district
bood the voter6 submitted clearly specifies the bond proweds will be used for such ro6d improvements. An Equal Opportunltyl .Ifirmrtiva Action Employs
Article section 52(b) of the Texas Constitution authorizeF in pertinent part: the establishment of road districts. It provides, (b) !blder Legislative provision. any county, and poli::Lcal subdivision of a county, any number adjo:Lning countlea, or any political sub- the State, divlrion or any defined district now or hereafter. to be described and defined within the State of Texas, and which may or may not *2 Honorable Margaret Moore - Page 2 (Jfi295)
include, town6, vil:lages or municipal corpora- upon a vote of two-third6 majority tions. taxpayer6 voting resident thereon who are of such dicltrict qualified elector6 or territory be affected in addition to all other thereby, debts, may issue bvnds or otherwise lend Its credit in any amount not to exceed one-fourth assessed valuat:lon the real property
such district or territory, except the total of any city bonded indebtedness or town shall never exceed 1:lnit.s imposed by oth6r pro- visions of this Consl:?.tutlon. and levy and collect t6xes to pay the Interest thereon and provide rinklng fund the redemption thereof, as the Legislature may autt,crize, and In such manner as It may authorize I:he same, following purposes to wit:
. . . .
(3) The construction. maintenance and opera- tion of macadamlted, graveled or paved road6 and turnpikes. or In aid thereof. (gmpha616 added).
Th6 County Road and Brldite Act, ss recently re-enacted by Senate Bill Ro. 24, Sixty-eighth Le:g:Lslature, 2nd Called Session, contains the provisions enacted by the the establishment road dietriCe issuance of road district bonds. Th6t act, codified a6 article 6702-l. V.T.C.S.. provides following, pertinent part: 4.413. ElXABLISHMENT OF ROAD DISTRICTS.
Section (a) The county comclssioners court6 may establish one or more road &strlcts their respective counties and may c; may not include within the dl6triCt6,
boundarlee and limits villagee, tOM6. pnd munlcipc~3. corporations or any portion village, town, and municipal corporation may or may not include previously CrePted road district6 and poIll:icaI subdivisions or precincts that have voted anti issued road bonds pursuant S~!ctlon 52. the. Texas Article Constitution, an -order declaring -bye:leering
road eri.ablished defining of it.
. . . . Section 4.416. I’E:TITLON FOR ELECTIONS. (a) any political subdlvlsion or any road district desire6 issue tmsnds, there shell be presented *3 (al-295) Honorabl6 M6rgaret Moor6 - Pqe 3
to the co~ls6looers court of the county In which th6 6Ubdivl6lon or district ia 6itUatCd, a petf- tlon rlgned by 50 or 6 majority of the qualified or ro6d di6trict voter6 of the 6ubdbrirlon praying to order the court an to determine whether or not the, bond6 of the 6ubdivislon or di6trlCt 6haII be l66ued t0 an JIIOOUnt 6t6ted for the purpoee of rho constructIon, meintcnance, of mac(ldunlzed,
operation graveled, or p6ved road6 turnpike6 or Ln aid of the6e pUrpO666 and whethsr taxes 6hrt:lI be levied on alI tar6bIe property within 1,k.e subdivision or district In pqment of th6 boodr. of the petition,
(b) On presentation the court to which it is preeented 6haII fix a time and place at which the petition shall be heard . . . . HEARING AND DETRRMINATION. At
Section 4.417. of time and pla:e 6et the hearing petition or 6 6Ub6eqU6nt date as may then be f lxed , ehall proceed to hear
petition and 611. matter6 in reepect
proposed bond election . . . . If on the hearing of the petltlon the court finds the petition.
16 signed by 50 or a majority the qualified voter6 the subdivl6ion or road di6trict.
due notice ha6 been Riven, and that the proposed lmprovement6 would be the benefit the 6ubdlvl6ion
taxable property iituated or road dletrlct. the-court may 166ue and c6u6e to be l nter6d 'recorri it6 minute6 an order directing that an election be held within and for the 6ubdivi6io6 oc road district 6t 6 d6te to be fixed In the orde:: the purpose of d6termining the pue6tlone mentionad In the petitions . . . .
The propo6ltlon to be submitted-at the shall specify the+pocre for which the bond6 are to be 16sued, the amount of the bonde. the rate of intereet. f6ct that ad valorem taxes are be Ievled annually on all taxable vithln the dirtrlct or subdivi6ion 6ufficlent
pay annual InWrest and provide a sinking fund pay the bond6 111: maturity. (Emphasis added). rorltl district The creation and the determination its boundarie6 are matter6 wil:hin the discretion the commissioners court. Falls County, 42 S.W.Zd 481 1g31, nSe;rri::ng.v. (Tex. CIV.W;~~;~;,W;;~ ; Attorney Gcueral Opinion V-440 (1947). and statute6 do not expressly con6titution specify whether *4 Honorable Margaret Moore - Page 4 (JM-295) of a road d.istrlct may encompass an area
defined that is territorially noncontiguous.
We believe that the usual concept of a district contemplates an area with a single set of boundaries rather than a collection of geographically isolated tracts. See Jones V. Palcq, 222 A.2d 101.
106 (N.J. Sup. Ct. 1966). The: Wis~sin Supreme Court held that
[ tlhere is much force -in the general and almost Invariable usage. 1x1 this country at least, In the organization towns and counties, as in pre- cincts, cities. districts, and villages,
forming them of adjilcent and contiguous territory.
C. h N.W. Railway Co. V. Town of Oconto. 6 N.W. 607, 609 (Wia. 1880).
Black’s Law Dictionary definerra district as
one of the territorial areas Into which an entire state or country, county, municipality. or other political subdivis:.on is divided judicial, political, elcctora,l, or administrative purposes. 427 (5th cd. 1979).
Black’s Law Dictionary “Defined districts.” as that term is used in article section 52(b) the constitution,. “means a defined area in a county, less than the county, other than a political aubdivisfon of such county.” (Emphasis added). Bell Councp v. Binea. 219 S.W. 556 (Tex. Civ. App.
- Austin 1920. writ ref’d). ‘tie believe that the court’s definition. area” and not to “defined
which refers to “a defined areas,” does not include that are not contiguous to each other. Another court in Gumfory v. Aaaaford County Commissioners Court, of civil appeals. 28. (Tex. Civ. App. ref’d n.r.e.).
561 S.W.2d - Amarillo 1977. vrit held that the phrase “cormn:Laaionera precincts.” as used constitutional provision that a county to be divided iato four precincts, rned1ns that such precincts must be terrl- torially COntigU0U.S. legislature exprc aaly clarified thet certain special
The districts created pursuant I:CI article XVI, aectioa 59 of the Texas may be composed of noncontiguous tracts. For instance. Constitution section 78.013(a) l’exss AgriCUlture Code provides Noxious Weed Control District may include a body of land separated from rest the dist:::ict. Likewise, sections 51.012(b) 54.013(b) of the Texas Water m:ode specify land composing a water control improvement district created under chapter 51 or a municipal ‘created under chapter 54 need not be utility contiguous, but may consist of separate bodies land separated by land vhich is not included III the district. Also. certain special law districts created pursuant t3 article XVI. section 59 by special acts noncontiguous are composed tracts. The *5 Hoaorable Hargaret Noore - Pa.g,e 5 (JM-295)
legislature created Spring HLLl Utility District by chapter 750, acts as district consisting of one large of the Sixty-first Legialatu:re.
tract land and two smallor tracts located approximately six miles the main !ZJlt y of Longviev v. Spring RI11 Utility from tract. See District, 657 S.W.Zd 43OTer:. 1983).
We conclude that if the had also intended that road noncontiguous it would districts may be composed of separate, have expressly so provided 1x1 the County Road and Bridge Act.
In addition to the requirements that the coasnissionera conduct a hearing of a petition to order a bond election and make a finding that the proposed improvements will benefit all taxable the Road and Bridge Act requires property in the district, that the be submitted mt shall specify the purpose that for which the bonds will be issued. It is well settled the for those proceeds of a bond issue mar be used only roads which proceedings specified would be built. See Fletcher v. Howard, 39 S.W.2d (Tex. 1931): Aransaa County v.oleman-Pulton Pasture Co., 191 S.W. 553, 5,54 (Tex. 1917). Use of the proceeds from sale road district bonds for an unapproved purpose would constitute a frsud on the electorate. See Crowell v. Cammack. 40 S.W.Zd 259 (Tex. Civ. App. - Amarillo 1931,no writ).
The Road and Bridge Act expressly provider that the proceeds of a bond issue may be- used only for improvements that vi11 benefit all taxable In the dia;:rict. It cootains no express provisions determining location improvements or whether the areas which boad proceeds may be expended shall be vithin or without of the road district. Since the thrust of the statute the requirement that the improvements benefit all taxable property the district. we believe thal: the statute does not prohibit per se all expenditures of bond funds for improvements located outside when the improvements are beneficial to all taxable property in the district. Cf. Attorncry General Opinion JH-158 (1984). -
Attorney General Opinion O-3851 (1941) concluded that where a road was be built oa the dividing lfne between two road districts. could be used
the proceeds from road distrzlct bonds of one district only the part the road located within construct that road district.
The opinion appears to baas! its conclusion on the fact that funds derived from the sale of bonds cannot be diverted from the purpose to the voters. We agree vith stated in the proposition submitted such a conclusion. However, sssnning that the bond election proceedings and proposition submitted to the voters specify bond funds will be used roads needed ingress
encompassed by the road district , we conclude that proceeds from the of bonds may be used improvements outside the boundaries issuance the road district if the commissioners court has found such improvements will benefit .taxable property in the district.
D.. 1325
Honorable Margaret Moore - Pa(;e 6 (JM-295)
;iUMMARY A is not authorized to composed noncon- establish a road district the boad election tiguous land. clearly submittad voters
specifies the bond funds will be used
roads needed iqresa encompassed district, bond funds may be used improvemerts outside the district which benefit taxable property in the district.
Attorney General of Texas TOM GREEN
First Aaaiatant Attorney General
DAVID R. RICHARDS
Lxecutive Assistant Attorney General
HICK GILPIN
Chairman, Opinion Committee
Prepared by Nancy Sutton
Assistant Attorney General
APPROVED :
OPINION COMMITTEE
Rick Gilpin. Chairman
Tony Guillory
Nancy Sutton