Texas Attorney General Opinion: GA-0601 Page: 1 of 6
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ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
February 11, 2008
The Honorable Keri Roberts Opinion No. GA-0601
Mills County Attorney
Post Office Box 160 Re: Whether Mills County may fund the Fox
Goldthwaite, Texas 76844 Crossing Water District (RQ-0615-GA)
Dear Ms. Roberts:
You generally ask whether Mills County, Texas (the "County") is authorized to fund the Fox
Crossing Water District (the "District"), a water conservation and reclamation district.' The County
"is located within the boundaries of the District." Request Letter, supra note 1, at 2. The District,
as legislatively authorized, "consists of the territory contained within the boundaries of Lampasas,
San Saba, and Mills counties." Act of May 26, 1985, 69th Leg., R.S., ch. 779, 4, 1985 Tex. Gen.
Laws 2656, 2656. However, only Mills County voters confirmed the creation of the District.
Request Letter, supra note 1, at 2. Thus, we presume the boundaries of the District and the County
are co-extensive.
Article XVI, section 59 of the Texas Constitution provides for the creation of conservation
and reclamations districts with the authority to levy and collect property taxes necessary for the
payment of bonds and maintenance of the district. TEX. CONST. art. XVI, 59(b)-(c). Pursuant to
this authority, the Sixty-ninth Legislature enacted House Bill 2487 (the "Act") creating the District.
See Act of May 26, 1985, 69th Leg., R.S., ch. 779, 1, 1985 Tex. Gen. Laws 2656. The Act
authorizes the District to collect fees, borrow money, issue bonds, and levy taxes-for payment of
bonds and operation and maintenance expenses-if approved by the residents of the District at an
election held for that purpose. See id. 43, 60-62, 73, at 2661, 2663-65.
You inform us that the District requests and receives all of its operation and maintenance
funding from the County in apparent reliance on sections 30 and 59 of the Act. See Request Letter,
supra note 1, at 1, 2. Section 30 of the Act provides that "[t]o carry out any purposes or powers
under this Act, the [D]istrict may apply for, accept, receive, and administer gifts, grants, loans, and
other funds from any source." Act of May 26, 1985, 69th Leg., R.S., ch. 779, 30, 1985 Tex. Gen.
Laws 2656, 2659 (emphasis added). Section 59 of the Act provides that payment of the District
expenses "may be made from money obtained from the sale of bonds..,. or out of taxes, fees, or
other revenues" of the District. Id. 59(b), at 2663 (emphasis added). You explain that because the
'See Letter from Honorable Keri Roberts, Mills County Attorney, to Honorable Greg Abbott, Attorney General
of Texas, at 1, 2 (Aug. 24, 2007) (on file with the Opinion Committee, also available at http://www.oag.state.tx.us)
[hereinafter Request Letter].
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0601, text, February 11, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275497/m1/1/: accessed April 19, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.