Untitled Texas Attorney General Opinion ( 1974 )

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TH~,ATIY)RNEY GICNERAL
OF -XAS
October 18, 1974
The Honorable William K. Wilder Opinion No. H- 425
County Attorney
Jackson County Re: The authority of Com-
115 West Main misrioncrs Court to order
Edna, Texas 77957 referendum to determine
extent of public sentiment
for a dam project.
Dear Mr. Wilder:
In 1967 the voters of Jackson County voted in favor of a bond
issue in support of the Palmetto Bend Dam Project. Although construc-
tion is scheduled to start soon, no bonds have been irsued and we
assume that no other detriment has been incurred as a result of the
election.
hi your letter you state that the proposed project has caused
quite a controversy in Jackson County and that there is a feeling that
public opinion has changed significantly since 1967. A delegation to
Washington was assured by the Chairman of the Subcommittee on Public
Works of the Hone Appropriations Committee that, if a county-wide
referendum revealed that public support no longer existed, steps could be
initiated to stop funding of the project.
Based on theee facts you have asked us five questions:
1. Can the Commissioners’ Court authorize a
referendum to be held on the question of whether
the people of Jackson county now favor or oppose
the Project? The intent of the Citizens Group is
not to negate the results of the Bond Election of
1967, but merely to determine public sentiment.
p, 1972
I .
. . -
The Honorable William K. Wilder page 2 (H-425)
2. What ir the procedure for the Commissioners’
Court to follow in deciding whether to have the
referendum?
3. Does any part of the Texas Election Code
govern the holding of such a referendum?
4. Can county funds be used to hold the referendum?
5. If funding would have a bearing on the Commie-
sioners’decision to hold the referendum, then may private
donationa be used to fund the referendum in whole or in
part?
We believe your questions are answered by reference to two well
established principles of law:
First, the authority of a commissioners court is narrowly limited
to those powers conferred upon it by the Constitution and statutes of the
State; Canales v, Laughlin, 214 S.W.2d 451 (Tex. 1948): Attorney General
‘Opinions H-16 (1973). H-45 4973), H-51 (1973), H-374 (1974), H-392 (1974).
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Second, elections may be held only by virtue of some legal authority !
and an election held without affirmative statutory authority or contrary to
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a material provision of the law i4 universally held to be a nullity. Smith v. ,
Morton Independent School District, 85 S.W.2d 853 (Tex. Civ. App. --Amarilld
1935, writ dism.); Williams v. Clover. 259 S.W. 957 (Tex. Civ. App. --Waco
1924, no writ).
We have searched the Texar statutes and find none which would
authorize the calling of an election such as the one you 4uggest.
Article 717g, V. T. C. S., which authorizer the calling of elections to
revoke or cancel authority to issue bonds is inapplicable ar you state in your
first question. The bonds in question here are those of the Lavaca-Navidad
River Authority, .not of Jackson County. Therefore, we are of the opinion
that the Commissioners Court of Jackson County lacks legal authority to
p. 1973
. . -
The Honorable William K. Wilder page 3 J-l-425)
Z..,”
call for a referendum on the question of whether the people of the county
now favor or oppose the Project, We answer your first question in the
negative.
As to your second and third questions, there is no procedure to
be followed by the Commissioners Court. No provision in the Texas
Election Code governa.
With reference to your fourth and fifth questions, we answer that,
in our opinion, county funds may not be used to hold the proposed referendum.
If private funds can be found to finance the referendum in whole, it is our
opinion that any group of persons may call for it and hold it as an unofficial
act. But even with donated funds, the Commissioners Court has no authority
to call for the referendum officially.
SUMMARY
In the absence of express constitutional or statutory
authority, a commissioners court may not call for a
referendum to test the public’s reaction to a proposed
dam project. Public funds cannot be used for such a
referendum although an unofficial referendum may be
held if financed entirely by private donations.
-Very truly yours,
Attorney General of Texas
DAVID h-t. KENDALL, Chairman
Opinion Committee
p, 1974