Texas Advisory Opinions January 29, 1957: AGO WW-1 (January 29, 1957)
Collection: Texas Attorney General Opinions
Docket: AGO WW-1
Date: Jan. 29, 1957
Advisory Opinion Text
No. WW-0001 (1957).
Board of Water Engineers
Austin, Texas
The question presented in your recent letter is whether the provision of Article 7880--23, V. C. S., prescribing the qualification of voters in a confirmation election, is in contravention of Article VI, Sections 2 or 3(a) of the Constitution of Texas. In our opinion, the provisions of Article VI, Section 3(a) of the Texas Constitution, do not apply to the type of election required by Article 7880--23, V. C. S.
Article 7880--23, V. C. S., provides that a water control and improvement district, before incurring indebtedness, must call an election for the purpose of confirming the organization of the district by a vote "of the qualified resident property taxpaying voters."
Article VI, Section 3(a) of the Constitution of Texas, reads, in part, as follows:
It is clear that the Legislature of Texas, in enacting Chapter 25, Acts of the 39th Legislature, 1925, intended that the confirmation election be a step in the procedural process of"When an election is held by any ... defined district ... for the purpose of issuing bonds or otherwise lending credit, or expending money or assuming any debt, only qualified electors who own taxable property in the. ... district ... where such election is held, and who have duly rendered the same for taxation, shall be qualified to vote ..."
creating a water control and improvement district. Lovett v. Cronin, 245 S. W. 2d 519 (Tex. Civ. App., 1951). It is the election which gives life to the district and under such circumstances, it seems clear that the legislative intent, as outlined in Lovett v. Cronin , supra, must be given effect. In the instant case, no taxes can be levied, money expended, or bonds issued based upon the confirmation election, since the statute requires a separate vote upon these questions. Article 7880, Sections 23, 32, 80 and 81, V. C. S. Accordingly, the provisions of Article VI, Section 3(a) of the Constitution of Texas, do not govern the qualification of voters at the confirmation election of a water control and improvement district. King v. Carlton Independent School District , infra . Article VI, Section 2, of the Constitution of Texas, defines a qualified voter in this language:
The courts of this State have held that the Constitution exclusively prescribes the qualification of the voters and the Legislature is without the power to prescribe any other standard. King v. Carlton Independent School District, Tex. 295 S. W. 2d 408 (1956); Snelson v. Murray, 252 S. W. 2d 720 (Tex. Civ. App., 1952) ref. n. r. e.; Texas Power & Light Co. v. Brownwood Public Service, 111 S. W. 2d 1225 (Tex. Civ. App., 1938) writ ref., Koy v. Schneider, 110 Tex. 369, 218 S. W. 479 (1920).We agree with your position that the provisions of Article VI, Section 2, of the Constitution of Texas, must be superimposed over the provisions of Article 7880--23, V. C. S., so as to require that the election for the confirmation of a water control and improvement district be submitted to those qualified electors as defined in that provision of the Constitution of Texas. King v. Carlton Independent School District, supra; Jordan v. Crudgington, 149 Tex. 237, 231 S. W. 2d 641 (1950)."Every person subject to none of the foregoing disqualifications who shall have attained the age of twenty-one (21) years and who shall be a citizen of the United States and who shall have resided in this State one (1) year next preceding an election and the last six (6) months within the district ... in which such person offers to vote, shall be deemed a qualified elector ..."
SUMMARY
The provisions of Article VI, Section 3(a) of the Constitution of Texas, do not govern the election required by Article 7880--23, V. C. S. That statute provides requirements beyond those set forth by Article VI, Section 2 of the Constitution of Texas, and these additional requirements must be disregarded as unconstitutional.
WILL WILSON
Attorney General
By /s
Elbert M. Morrow
Assistant
EMM-s
APPROVED:
OPINION COMMITTEE
By /s
H. Grady Chandler, Chairman