*1 GENERAL GE&lLDC.kWN Arrs-rx~ aa. TEXAS

Ilr, George W. Cox

Slate Health Officer

Austin, Texas

Dear Sir: opinion ra. O-2661

Be' Legality of 00uaties in San Jaoiuto Water District usiag remitted mosey for public health purposes, as defraying part of expease of a cow&y health unit.

Your request for am opiaicm of this Department on the above stated questim has bsennceiad. k quota frcm your~letter as follows:.

"Please give me a ruling on the follmingr~ Aooordiag to House Bill 1079 of the Regular Ssseioa of the forty-sixth Legislature, page 984, Seotiom 1 prov%deS that tar money nanitted to the San Jaciato Uater Shed Distriat b OX- pended to for the comfort, health and gamera1welfare of the aitizeas of said distriot. lkuld it be legal for the counties in this diatriot to use a mat of this nmmuyk public health purposes, such as defrvirg the partial axpaam of a County Health Wait?"

House Bill Boo0 1079, Acts 46th LagisPtum, ma@ in part as follwa~ "Seotiom 1. The purpose of this A& is to further carry out the oomaad to the Legislature contained in Artiole 16, Section 59a of tha Constitutioa of the State of Texas to pass suoh laws a8 may be appropriate tothe oonservatio~ and dsvelo~sat of all the natural re8ouroe8 of this State, including ths oomtral, storirmg, prewwmtion, aad distribution of its stolm end flood uatsrs, the maters of its rivers ad stmmw, for irrigation, power, and &ll other useful purposes, the reolpmation and irrigation of its arid, samiatid, aad other lands needing drainage, the oommrvatioa and developnstit of its forests, mter,rad hydroeleotrio power, the presarvation and conseratiom of a11 such xmtural re- sources in said District by aiding said Distriot in owryimg out the powers, duties, and firnotions oonf‘erred upon suoh Distriot ullddr and by tirtue'oof 6he Act oraatiag the San Jaoiato River Conservation arl. Reolglation Distriot, &ad inthe prcdnotioa of the canfort, health, and gemral welfare of the oititem of suoh District. The grants and aids hersiaabove set out are made aad ruth- orised bythis Act.

"Sec. 2. For a period of tea (10) years or for such portiom of such period as may be required, but ao longer, Pnd oommeaoing with~the fiscal year bsgia- aiag Saptember 1, 1939, there is heroby donated and@-antsd by the State of Texas to the San Jaointo I(iver Coaservatioa &ad Reolamation Distriot fiI?Q *2 Dr. George W, Cox - Page 2 (O-2661)

(50) percent of all State ad viLorm tams collected for General Rev-u0 purposes upon the property and frtrm persoss in the Couatier of Moatgcrmery, Walker, San Jaointo,amd all that part of Idlw-ty CouMzy embraced in th Sp1 Jaointo Uatarnhed, said counties oceuprisiag in whole or in part the rasps&- ive District hersinabuve set out, and shall include the rolli% sto& belong- ing to railroad companies which shall be ascertained and apportioaed as now provided by law. The taxes hereby donated shall be used by the respectim, Distriat for the purpose of oarrying out the powem, duties, and functions con- ferred upon suoh Distriot by the Legislature of the State of Tens, pmvided, h-r-, that the taxes hsreia donated and granted ia the Coumtiss of WaBer..md Sm Jaointo shall not apply, nor be allocated or dorated in this Act, lutil the provisions of Senate Bill No* 89,~passed at the Regular Session of the Forty- sixth Lagislatum, hecome inoperatiwt however, iathat went, Cues aoozuing in the counties hereinabove named shall apply ud be donated as is provided here- in for the other oouxtiw embmoed in this Aot, ud provided furthor that all that part of Liberty County enbraced ir the San Jaointo Watershed shall be abraoed in this Act, ud all taxoms imurilg fromthat portion of such County shall be allocated aad donated to tha Sar Jaoirto River Gmservatiom and Reola- matioll District as hereinabove provided. . . .II

The Saa Jaoiato Comservntior and Reoluuatiom Distriot was oreatod by virtue md under Chapter 8, Title 128, Vernon's Annotated Civil Statutes. It io to ba noted that under the above mentioaad sot of the Legislature (II. B. No. 1079, Acts ofths 46th legislature) that fifty per cent of all State ad valoran taxes ooll&ed for general purposes nnoa the property and from persons via the oourties named iasaid Act am spaoifioally donated ud gra&ed by the State to the San Jaointo River Conservation ard Reclamation Distriot, urdthat suohtaxenthat am donated by said Act shall be used by ths District for the purposa of carrying ouh the powers, duties md fumotiona conferred upon the Dirtriot bytho Legislatum of the Stats. The above meation6d grant is not made to any county or oounties nlrmed im the rot, but as above Etated* is specifically granted to the San Jaoimto River Conservation and ReolPmation Distriot.

In view of the fomgoing statute, you am mspeotfully advised that it is the opinion of this deparbneat that ao oounty nuued in House Bill No. 1079 Acts of the Forty-sixth Legislature, supra, is authorized or has say authority whatsoever to use any portion of the taxes remitted by the State to the San JaoiB- to River Conservation and Reolpmatioa Distriot for the purpose of defraying the partial expense of a county health unit or for am other purpose. Yours very truly

APPHOVED SEP 13, 1940 /s/Gerald C. %a ATTORNEYGEERALOF TEXAS

ATTOR~YGENERAL OFTEXAS & /s/ArdallZLllialM AWaAW:egw Ardell Uilliama APPRfNEDa OPINION COMMITTEE BYBWB CEAIRbW AscLstaut