Texas Attorney General Opinion: JM-296 Page: 2 of 9
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Mr. Charles E. Nemir - Page 2 (JM-296)
proposes to provide capacity in that facility to
various political subdivisions, including munici-
palities and municipal utility districts, but does
not propose at this time to provide sewer services
directly to household users. The customer
political subdivisions would, however, provide
sewer services to household users within the
territorial confines of the District.
We limit our conclusion t'o the specific facts presented. There
are no reported cases constrduing section 50.026 or section 51.0721 of
the Texas Water Code. Therefore, the rules of statutory construction
must be applied in order 1:o interpret the statutes. Calvert v.
British-American Oil Producii Co., 397 S.W.2d 839, 842 (Tex. 1966).
The fundamental rule in the construction of statutes is to ascertain
and give effect to the intent of the legislature. Jessen Associates,
Inc. v. Bullock, 531 S.W.CL 593, 599 (Tex. 1975). Courts will
construe the language of a statute liberally in order to give effect
to the legislative intent. City of San Marcos v. Lower Colorado River
Authority, 508 S.W.2d 403 (Tex. Civ. App. - Austin 1974), aff'd 523
S.W.2d 641 (Tex. 1975).
The Code Construction Act:, article 5429b-2, V.T.C.S., sets out in
section 3.01 several presumptions of legislative intent applicable
here: "(3) a just and reasonable result is intended; (4) a result
feasible of execution is intended; and (5) public interest is favored
over any private interest." The Code Construction Act further
provides in section 3.03, subsections (1) and (5), that in construing
a statute a court may consider, among other matters, the object sought
to be attained by the statute and the consequences of a particular
construction. These principles of construction require that the
legislative purposes be determined from the statute as a whole rather
than from a literal application of particular statutory language.
Brown v. Patterson, 609 S.W, 2;d 287 (Tex. Civ. App. - Dallas 1980, no
writ).
In 1973, the legislature amended the Texas Water Code to add four
statutes (sections 50.024 [current section 50.026], 51.0721, 53.0631,
54.1021) which provide for disqualification, in particular situations,
of the board members of certain types of water districts: special law
districts, general law districts, fresh water supply districts, and
municipal utility districts. Acts 1973, 63rd Leg., ch. 635, at 1748,
amended by Acts 1975, 64th 1.eg., ch. 248, at 600. With the exception
of section 53.0631, pertaining to fresh water supply districts, these
disqualification statutes are virtually identical. Therefore, whether
section 50.026 or section i:L.0721 is applicable to the District is
material to our result.p. 1328
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-296, text, January 10, 1985; (https://texashistory.unt.edu/ark:/67531/metapth272736/m1/2/: accessed June 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.