Texas Attorney General Opinion: O-3301 Page: 1 of 4
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Lower Colorado River Authority
Littlefield Building
Austin, Texas
Gentlemen: Attention: Mr. Gideon, General
Counsel.
Opinion No. 0-3301
Re: Power of the City of Llano to
charge the Authority rental
on its poles used in ftnmish-
ing electric lights.
We have carefully considered the validity of the ordinance passed
by the City of Llano on December 9, 1940, which requires the Lower Colorado
River Authority to pay rental on the poles which it uses in the City of
Llano in the distribution of electric current.
In the letter written by Mr. Gideon, your general counsel, you
have requested our opinion as to whether this ordinance is enforcible
against the Authority.
The Act of the Legislature creating the Lower Colorado River
Authority, being Ch. 7 of the Acts of the 43rd Legislature, 4th Called
Session, p. 19, contains the following salient condition. It is made a
governmental agency under the provisions of Sec. 59, Article XVI of the
State Constitution.
The last seentence in Sec. 1 of said Act reads:
"Nothing in this Act or in any other act or law contained,
however, shall be construed as authorizing the District to levy
or collect taxes or assessments, or to create any indebtedness
payable out of taxes or assessments, or in any way to pledge the
credit of the State."
Section 2 of said Act reads:
"Except as expressly limited by this Act, the District
shall have and is hereby authorized to exercise all power,
right, privileges and functions conferred by general law upon
any district or districts created pursuant to Section 59 of
Article [VI of the Constitution of the State of Texas, * * *
and it is authorized to exercise the following powers, rights,
privileges and functions:fllE AT'T4)RNEY (4NIf
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-3301, text, April 18, 1941; (https://texashistory.unt.edu/ark:/67531/metapth260530/m1/1/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.