Texas Attorney General Opinion: JM-1128 Page: 1 of 3
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THE ATTORNEY GENERAL
OF TEXAS
Jxm MATTOX December 28, 1989
ATTORNEY GENERAL
Honorable A. J. Hartel Opinion No. JM-1128
Liberty County Attorney
P. O. Box 9127 Re: Authority of a rural fire
Liberty, Texas 77575-9127 prevention district to borrow
money without holding an elec-
tion (RQ-1704)
Dear Mr. Hartel:
Your letter requesting an opinion of this office asks:
Does a Rural Fire District have the authority
to borrow Money from a bank, without a public
election to approve the loan, if the amount
of repayment per year is less than the
revenues to be received per year from 3
cent[s] per $100 evaluation ad valorem taxes?
(No additional taxes will be raised to
support the loan.)
If the above question is yes, can the bank
secure the loan with a lien on the financed
property or must it be secured with a pledge
of tax receipts?
Rural fire prevention districts were formerly regulated
by article 2351a-6, V.T.C.S. In 1989, a non-substantive re-
vision of the law carried the provisions of that statute
into the new Health and Safety Code as chapter 794 thereof.
See Acts 1989, 71st Leg., ch. 678, at 2230, 3122. Sub-
chapter E of chapter 794 concerns the financial transactions
of such districts. The new code became effective September
1, 1989. Id. ch. 678, 15, at 3165.1
1. The 71st Legislature repealed article 2351a-6,
V.T.C.S., when its provisions were incorporated into the
Health and Safety Code, but it also passed an amendment to
(Footnote Continued)p. 5937
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-1128, text, December 28, 1989; (https://texashistory.unt.edu/ark:/67531/metapth273566/m1/1/?q=%22written+statements%22: accessed June 3, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.