*1 Honorable Weaver Mcore,~ Chairman

Committee on State Affairs

The Senate

Austin, Texas

Dear Sir: Opinion No. O-3311

Re: Constituti&alitg of S.B. 355 a- mending Art. 1269h, V.A.C.S., 'so as to authorize creation of air- port districts.

Pursuant to your request we have carefully consid- ered Senate Bill No. 355, copy of which bill is attached hereto.

This bill amends Sections 1 and 2 of House Bill No. 160, Acts of the First Called Session of the 41st Legislature, Chapter 83, Page 209, as amended by House Bill No. 216 of the Regular Session of the 47th Legislature. House Bill No. 160, Acts of the First Called Session of the 41st Legislature has been compiled in Vernon's Annotated Civil Statutes as Article 1269h. House Bill No. 216 of the current session amends this only in that it removes the limitation of the size of airports. The bill under consideration, I.e., Senate Bill No. 355, fur- ther amends Article 1269h in that it seeks to authorize the establishment and maintenance of airports by "any designated district within the county' and to au~thorize such district to levy taxes and issue bonds therefor. As polnted out in our Opinion No. O-3310 addressed to you, no constitutional author- ity exists for the levy of taxes by a district created for airport purposes. For the reasons stated and under the author- ities cited in that opinion, we beg to advise you that Senate Bill No. 355 is unconstitutional insofar as it seeks to con- fer the taxing power upon a district created for the purpose of constructing and maintaining airports.

Honorable Weaver Moore, Chairnmn, page 2 o-3311

Yours very truly ATTORNEY GEHERAL OF TEXAS By s/Walter R. Koch Walter R. Koch Assistant WRK:RS:ac

APPRO'VED APRIL 26, 1941

s/Grover Sellers

FIRST ASSISTANT

ATTORNEY GENERAL

Approved Opinion Committee By s/'BwB Chairman