Texas Attorney General Opinion: GA-0621 Page: 1 of 7
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ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
May 1, 2008
The Honorable Rex Emerson Opinion No. GA-0621
Kerr County Attorney
County Courthouse, Suite BA-103 Re: Status of the Kerr County Airport Authority
700 Main Street (RQ-0643-GA)
Kerrville, Texas 78028
Dear Mr. Emerson:
You ask the following questions regarding the status of the Kerr County Airport Authority:
1) Whether the Kerr County Airport Authority created under
H.B. No. 956 can be utilized and the Board populated 37 years after
[the] county election and vote canvassing declaring [the] authority
created.
2) Whether the alternate airport governance created by [the]
City [of Kerrville] and County [of Kerr] after the 1970 election
establishing the Kerr [C]ounty Airport Authority can legally govern
the airport.'
I. Background
Consideration of your questions necessitates a review of the relevant legal and factual
background. Adopted in 1966, article IX, section 12 of the Texas Constitution provides for the
establishment of airport authorities. See TEX. CONST. art. IX, 12. This section of the constitution
requires legislative action in order to execute its provisions. See id. The legislative session
immediately following the adoption of the constitutional amendment enacted enabling legislation
(House Bill 956) for the Kerr County Airport Authority ("Authority"), subject to voter approval. See
Act of May 19, 1967, 60th Leg., R.S., ch. 393, 1-29, 1967 Tex. Gen. Laws 896, 896-903
[hereinafter Act of May 19, 1967].
1See Letter from Honorable Rex Emerson, Kerr County Attorney, to Honorable Greg Abbott, Attorney General
of Texas, at 1 (Oct. 23, 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-0621, text, May 1, 2008; (https://texashistory.unt.edu/ark:/67531/metapth275517/m1/1/: accessed March 29, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.