Texas Attorney General Opinion: V-1316 Page: 2 of 2
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Hon. Max E. Ramsey, Page 2 (V- 1316)
to a vote of the qualified property taxpaying voters of
such county at an election called for that purpose, ei-
ther on said Commissioners Court's own motion, or
upon petition of ten per cent (10%) of the qualified
property taxpaying voters of said county as shown by
the returns of the last general election."
The balance of this section and Section 8 regulate the ordering and
holding of the election. These sections do not require that any fixed
period of time must elapse before holding a second election in the
event that a first election fails to carry.
In construing analogous statutes in the past, this office
has held that no particular period of time need elapse after an elec-
tion has failed to carry before a second election may be held on
the assumption of school district bonded indebtedness (Att'y Gen.
Op. 0-4511 (1942), construing Article 2786b, V.G.S.), or on consol-
idation of school districts (Att'y Gen. Op. 0-2266 (1940), constru-
ing Article 2806, V.C.S.), or on abolishing independent school dis-
tricts (Att'y Gen. Op. 0-2572 (1940), construing Article 2767, V.
C.S.). The reasoning of these opinions is that since no intervening
time period between elections is fixed by law, such limitation can-
not be read into the statutes. We think this reasoning is likewise
applicable to Sections 7 and 8 of Article 7048a, and you are there-
fore advised accordingly.
SUMMARY
Since Sections 7 and 8 of Article 7048a, V.C.S.,
do not require a fixed period of time to elapse before
holding a second election on the question of levying a
county tax for Farm-to-Market Roads or for Flood
Control in the event the first election failed to carry,
no such limitation may be read into the statute.
Yours very truly,
APPROVED: PRICE DANIEL
Attorney General
W. V. Geppert
Taxation Division fjA-nA'ntI
Jesse P. Luton, Jr. Mrs. Marietta McGgor Creel
Reviewing Assistant Assistant
Everett Hutchinson
Executive As sistantMMC/mwb
,-A q%
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1316, text, October 16, 1951; (https://texashistory.unt.edu/ark:/67531/metapth266134/m1/2/?q=%221951~%22: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.