Texas Attorney General Opinion: JM-1173 Page: 4 of 8
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Honorable John Whitmire - Page 4 (JM-1173)
District," parallels the language of article
XVI, 59(a)(Texas Constitution).' Id1 at
853. Implicit in the language of the opinion
is a question of the degree of relationship
between the recreational facilities and the
constitutional purPose of the district. (Em-
phasis added.)
Attorney General Opinion MW-313 at 3. The attorney general
held construction of the facilities permissible because:
The Harris County W.C.gI.D. # 110 opinion
prohibited construction of a complex of
recreational buildings and facilities which
were unrelated to the constitutional purposes
of the district. It is our understanding
that the facilities you propose to build are
related to a relatively minor portion of the
total reservoir project and serve to promote
the full use and enjoyment of the reservoir
by the public. We feel that the improvements
you propose are ordinary and necessary to the
proper control, management, and regulation of
public reservoirs and lakes, and are in
furtherance of the constitutional purposes of
'the conservation and development of all
natural resources of this State, including
the control, storing, preservation and dis-
tribution of . . . the waters of its rivers
and streams, for irrigation, power and all
other useful , purpses.' Tex. Const. art.
XVI, 59(a). (Emphasis in original.)
Id. at 4.
Taken together, the 1980 Harris County Water Control
and Inproyement DigstrAct case and the 1981 attorney
general's opinion teach that the provision of facilities for
recreation and pleasure is not among the constitutional
purposes for which water districts may levy and expend ad
valorem taxes, but that the provision of recreational
facilities may be considered a proper secondary activity for
a district if furnishing them promotes a constitutional
purpose.
In 1985, chapter 54 of the Water Code was amended to
add subchapter I. At the same time, section 54.201(b)(7)
was changed by adding the words, "subject to subchapter I of
this chapter" to the provision that authorized municipal
utility districts to provide parks and recreational
facilities. Section 54.501 was amended to delete any
legislative authority for municipal utility districts top. 6186
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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/m1/4/: accessed August 15, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.