Texas Attorney General Opinion: C-331 Page: 2 of 3
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Hon. Joe D. Carter, page 2 (C-331)
Section provided for in the same manner and
by the same procedures as are provided for
in this Section. .. ."
Article 7880-21 V.C.S. provides in part that;
". , .A petition to be filed with said
Board must be accompanied by a deposit of
Two Hundred and Fifty ($250.00) Dollars for
the use of the State, as provided for other
fees collected under this act; no part of
which shall be returned, except as herein-
after provided. .. ."
Under Article 7880-3a, a water district seeking to
obtain authority to provide for sanitary sewage disposal must
do so "in the same manner and by the same procedures as are
provided for in this Section." (Emphasis supplied.) The
procedures to be followed are "the applicable provisions of
Section 5 of Chapter 280, Act of the Regular Session of the
Forty-first Legislature." Section 5 is now codified as Arti-
cle 7880-21, V.C.S. This being a direct mandate to follow
the procedure outlined by Article 7880-21 we see no other
alternative but to say that this "procedure," like all others
provided in Article 7880-21, must be followed. It would be
an invidious distinction to say that when you file a petition
to create a district with sewage disposal powers you must pay
the deposit, while on the other hand a district which seeks
to enlarge their powers to encompass this type of activity is
exempt from the payment of such a deposit.
The purpose of the deposit is to help defray the
cost of filing the petition and holding a hearing, and since
both actions require that a petition be filed and a hearing
held it would certainly be unjust to say that one should pay
the deposit and the other should not. Such an interpretation
would, in our opinion, do violence to sound statutory con-
struction in that it would amount to unequal treatment of
people in similar circumstances.
Therefore, you are respectfully advised that when a
water district seeks to have the Texas Water Commission grant
it the power to dispose of sanitary sewage, pursuant to Arti-
cle 7880-3a, it must accompany with its petition the $250.00
deposit provided for in Article 7880-21.-1579-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: C-331, text, October 13, 1964; (https://texashistory.unt.edu/ark:/67531/metapth268750/m1/2/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.