Texas Attorney General Opinion: JM-1173 Page: 1 of 8
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THE ATTORNEY GENERAL
OF TEXAS
JIM MATrox May 10, 1990
ATTORIRNEY GENERAL
Honorable John Whitmire Opinion No. JM-1173
Chairman
Health And Human Services *Re: Authority of the Spencer
Committee Road Public Utility District
P. O. Box 12068 to buy land for a public park
Texas State Senate (RQ-1814)
Austin, Texas 78711
Dear Senator Whitmire:
You have asked us to address the following question:
May a municipal utility district, operating
under chapter 54 of the Texas Water Code,
contract for the purchase of real property to
be used as a public park within the district
by making payments under the contract from
taxes where voters in the district have ap-
proved the same?
Municipal utility districts are created under and
subject to the authority, conditions, and restrictions of
article XVI, section 59, of the Texas Constitution. Water
Code 54.011.
A municipal utility district can exercise no authority
that has not been clearly granted by the legislature.
Quincy Lee Co. v. Lodal & Bain Ena'rs, 602 S.W.2d 262 (Tex.
1980). The legislature can only grant such a district such
powers and rights that come within the contemplation of
article XVI, section 59 (the Conservation Amendment), or
other applicable provisions of the constitution. Deason v.
Oranqg County Water Control & Improvement Dist. No. 1, 244
S.W.2d 981 (Tex. 1952).
In 1980, the Austin Court of Civil Appeals considered
whether a municipal utility district could provide park and
recreational facilities (including a community center, three
swimming pools, four tennis courts, and a club house) under
the provisions of Texas Water Code section 54.201(b)(7). At
that time, section 54.201 read in its entirety:p. 6183
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1173, text, May 10, 1990; (https://texashistory.unt.edu/ark:/67531/metapth273611/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.