Untitled Texas Attorney General Opinion ( 1948 )

485
Au-. -
PILCICEDANIEL PADAN DICXBON
-- o-us --
SeptAber 29, 1948
Bon. V. C. Marshall Opinion Ho. V-693
Executive Director
Soil ConservationBoard Re: The authority of a Com-
2nd Floor, Denman Bldg. missioners1Court to
Temple, Texas transfer funds and
equipmentof a wind
erosion district to a
soil conservationdis-
trict.
Dear Sir:
Reference is bade to your recent request which
reads, in part, as follows:
%ouse Bill '30.978, as enacted during the
regular session of the 44th Legislaturefor
the State of Texas, and filed for record Bay
21st, 1935, provides for the organleationof
Wind Erosion Districts. House~Blll444, Acts
of the 47th Legislature,regular session,pro-
vides for the establishmentof soil conserva-
tion districts. .~.
'When a-wind Erosion District, as provided
for in House Bill Bo. 978, and a Boll Con-
servationDistrict, as provided for l.nBouse
Bill 444, embrace the same territory,and
certain funds and equipment have accrued to
the Wind Erosion District, may such funds
or equipment,ar both, be transferredby
the Commissioners'Court, as the governing
body of the wind .ErosionDistrict,-tothe
supervisorsof the soil conservationdis-
trict?"
House Bill No.'g78, supra (Art. 165a-2, V. C.
S.) is a law authorizingthe creation and incorporation
of Wind Erosion ConservationDistricts coextensivewith
the area of any county In the State, by a vote of the
people of the county in an election called by the Corn;
missioners Court, prescribing that the Commissioners'
Court shall constitutethe Governing Board of such dis-
Hon. V. C. Marshall,page 2 (V-693)
,. :
tricts; providingthat the GoverningBo&d shall make an
estimate of the costs of the impr.ovement
to be made and
to make assessmentsagainst the propdrty to be benefited
by such improvements;providing that the function of a
Wind Erosion ConservationDistrict Is to conserve the
soil by the preventionof unnecessaryerosion caused by
winds.
R. B. 444, Acts of the 47th Legislature,1941,
(Art. 165a, V. C. S.) known as the State Soil Conserva-
tion Act, provides for a State Sol1 ConservationBoard,
for five State Districts,for District Supervisorsand
for a Soil ConservationCommitteeof four members In each
county within each.districtto be appointedby the Coun-
ty Judges of the respective counties. Upon a petition
of fifty landownerswithin the distriat the supervisors
of any district may call an election for approval of an
ordinanoeregulatingand conservingthe soil within the
district.
Section 7 of said AQt authorizes the State Soil
ConservationBoard to acquire property,real or personal,
by purchase,lease, gift, or otherwise. Therefore,there
la no doubt as to the authority of said Board to receive
property from any source. However8 it is a well settled
principle of law that the Commissi~nerslCourt does not
have any authority except that ?hich Zs expressly or im-
pliedly conferredu on It by law. Edwards county v.
Jennings, 33 S.W. 3 85; 15~0. Jti457, Sec. 103; 15 C. S.
537, Sec. 221; G. H. & S. A..Ry. Co. v. Uvalde County,
167 S.W.(2d) 305, error refused.
H. 8. j78 does not.authorlzesuch paver nor are
we able to find any Qther statute authorizingsame. On
the contrary,.Section.5~ of Section I.4of Ii.B. 444 pro-
vides, in part, that: ..
"'Phi&Act&all not in anywise affect,
ggQgyE&y :I:, ~~t~~ig~:;:~ s"',,-
sion of the Forty-iourt.hLegislature,under
which Wind Erosion ConservatloaDistricts
have been created or ma$ hereafter be creat-
ed, but the same is expresslypreserve: in
accordanaewith the terms thereof. . .
In view of.the foregoing it IS our opinion
that the Commissioners as the Governing Board
1 ~Ccmrt.
of a Wind Erosion District,createdundes H. B. 978, 44th
Hon. V. C. Marshall,page 3 (V-693) 487
Legislature,1935, may not transfer funds or equipment
of such district to the Supervisors of the Soil Con-
servationDistrict created under H. B. 444, Acts of the
47th Legislature;1941, even though such districts are
comprised of the same territory.
The Commissioners'Court may not trans-
fer funds or equipmentof a wind Erosion Dis-
trict to the Supervisorsof a Soil Conserva-
tion District, even though the districts are
comprisedof the same territory. ;:.
Yours very truly,
AlTORNlEGRNERALOFTEXAS
BA:mu BY
Assistant
APPROVED: