Untitled Texas Attorney General Opinion ( 1972 )

E .L%TTCBRNEY GENERAL
OF%'-EZXAS
Auwrm. T-s 78711
CRAWRORD c. MAmTIIN
AT-rORNEY OENERAI.
May 23, 1972
Hon. Hugh C. Yantis, Jr. Opinion No. M- 1128
Executive Director
Texas Water Quality Board Re: Collin-Denton County Water
Lowich Building and Sanitation District
Austin, Texas 78701 powers per Art. 8280-400,
V.C.S., to collect and dis-
pose of garbage within the
Dear Mr. Yantis: District.
You have requested our opinion as to the powers of
Collin-Denton County Water and Sanitation District to collect
and dispose of garbage pursuant to contracts with its member
cities composing this district, (as such cities existed on
March 1, 1969)) to-wit: Celina, Frisco and Prosper, all in
Collin County,,Texas, and the cities of Aubrey, Little Elm,
Pilot Point, and Sanger, all in Denton County, Texas.
The statute by which the Legislature created this
multi-county district is Article 8280-400, Vernon's Texas
Civil Statutes (Acts 61st Leg., R.S., 1969, Chap. 142, page
381, effective May 6, 1969). Subsections (c) and (d) of
Section 8 thereof read as follows:
"(~1 The district may collect and dis-
pose of garbage pursuant to contracts with
cities.
"(d) The rights, powers, privileges,
authority and functions herein granted to
the district shall be subject to the continu-
ing right of supervision of the State, to
be exercised by and through the Texas Water
Rights Commission."
The above Subsection (d) is substantially the same
language contained in Section 6.074, Texas Water Code, the
general law provision as to supervision on the subject. All
laws apply to a water district unless the act creating the dis-
trict~.contains provisions to the contrary. Hidalgo W.C.I.D.
-5488-
Hon. Hugh C. Yantis, Jr., page 2 (~-1128)
No. 1 v. Hidalgo County, 134 S.W.2d 464 (Tex.Civ.App. 1939,
error ref.). Thus, the Collin-Denton District is subject
to Article 4477-7 (Solid Waste Act), Article 4477-5 (Clean
Air Act), and Chapter 21 of the Texas Water Code (Texas Water
Quality Act).
We know of no provisions of the Texas or United
States Constitutions which would prohibit the Texas Legisla-
ture from validly enacting Section 8(c), of Article 8280-400.
In the absence of any such limitation to be found in the
Constitutions of Texas or of the United States, the Texas
Legislature could and did validly enact this law authorizing
the collection and disposal of garbage. Shepherd v. San
Jacinto Junior College District, 363 S.W.2d 742 (Tex.Sup.
1963); Watts v. Mann, 187 S.W.2d 917, (Tex.Civ.App., 1945,
error ref.). 11 Am.Jur.2d 190, Const. Law, Sec. 17; State v.
Brownson, 94 Tex. 436, 61 S.W. 114 (1901).
SUMMARY
The power to collect and dispose of
garbage is given to Collin-Denton County
Water and Sanitation District by Article
8280-400, Vernon's Civil Statutes, and the
statute is constitutional.
ruly yours,
C. MARTIN
General of Texas
V
Prepared by Roger Tyler
Assistant Attorney General
-5489-
Hon. Hugh C. Yantis, Jr., page 3. (M-1128)
APPROVED:
OPINION COMMITTEE
Kerns Taylor, Chairman
W. E. Allen, Co-Chairman
Roland Allen
Max Hamilton
Melvin Corley
James Hackney
SAMUEL D. MCDANIEL
Staff Legal Assistant
ALFRED WALKER
Executive Assistant
NOLA WHITE
First Assistant
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