ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
March 13,2003
The Honorable Michael A. Stafford Opinion No. GA-0039
Harris County Attorney
1019 Congress, 15th Floor Re: Whether Harris County may participate in the
Houston, Texas 77002- 1700 design and construction of a toll bridge from
Galveston Island to Point Bolivar (RQ-060%JC)
Dear Mr. Stafford:
You ask whether Harris County may participate in the design and construction of a toll bridge
from Galveston Island to Point Bolivar.
Chapter 284 of the Transportation Code establishes a mechanism by which certain counties
may build toll roads. Section 284.002 provides:
(a) Except as provided by Subsection (b), this chapter applies
only to a county that:
(1) has a population of 50,000 or more and
borders the Gulf of Mexico or a bay or inlet opening
into the gulf;
(2) has a population of 1.5 million or more;
or
(3) is adjacent to a county that has a
population of 1.5 million or more.
TEX. TRANSP.CODEAN-N. 8 284.002 (Vernon 1999). Harris County satisfies the first two of these
criteria, in that its 2000 population exceeds 3.3 million, and it borders Galveston Bay, which is “a
bay or inlet opening into the gulf.” Id. tj 284.002(a)( 1).
Any toll road project, however, must be authorized by section 284.003, which states:
A county, acting through the commissioners court of the
county, or a local government corporation, without state approval,
supervision, or regulation, may:
The Honorable Michael A. Stafford - Page 2 (GA-0039)
(1) construct, acquire, improve, operate,
maintain, or pool a project exclusively in the county or
in the county and outside the county;
(2) issue tax bonds, revenue bonds, or
combination tax and revenue bonds to pay the cost of
the construction, acquisition, or improvement of a
project; or
(3) impose tolls or charges as otherwise
authorized by this chapter.
Id. 8 284.003 (emphasis added). “Project” is defined in section 284.001(3):
“Project” means a causeway, bridge, tunnel, turnpike,
highway, or any combination of those facilities, including:
(4 a necessary overpass, underpass,
interchange, entrance plaza, toll house, service station,
approach, fixture, and accessory and necessary
equipment;
(B) necessary administration, storage, and
other buildings; and
(C) all property rights, easements, and related
interests acquired.
Id. § 284.001(3).
A county may exercise only those powers specifically granted by the Texas Constitution or
by statute and those that may be reasonably inferred therefrom. Canales v. Laughlin, 214 S.W.2d
45 1,453 (Tex. 1948). You state that Harris County, through the Harris County Toll Road Authority
(“the Authority”), and in conjunction with the Texas Department of Transportation, proposes to
“provide engineering, construction, operation, and maintenance” of a toll bridge from Galveston
Island to the Bolivar Peninsula.’ The toll bridge would exist exclusively within Galveston County.
Although Galveston County, which includes Galveston Island and the Bolivar Peninsula, is adjacent
to Harris County, the proposed bridge would not be a project that connects to any road in Harris
County.
‘Letter from Honorable Michael A. Stafford, Harris County Attorney, to Honorable John Comyn, Texas
Attorney General at 2 (Sept. 13,2002) (on file with Opinion Committee).
The Honorable Michael A. Stafford - Page 3 (GA-0039)
Harris County, under the terms of section 284.003 of the Transportation Code, may construct,
acquire, improve, operate, maintain, or pool a project” either “exclusively in the county” or “in the
county and outside the county.” TEX. TRANSP.CODE ANN. 9 284.003 (Vernon 1999). Section
3 11 .Ol 1(a) of the Government Code, part of the Code Construction Act, declares that “[wlords and
phrases shall be read in context and construed according to the rules of grammar and common
usage.” TEX. GOV’T CODEANN. 4 3 11 .Ol 1(a) (Vernon 1998). The only reasonable construction of
the language of section 284.003 is that a county’s authority under that statute may be exercised either
“exclusively in the county” or both “in the county and outside the county.” The latter phrase can in
no way be read to mean merely “outside the county.” If a “project” is partially “outside the county,”
it must also be partially “in the county” in order for the county to participate in its construction,
acquisition, improvement, operation, maintenance, or pooling. Because, as you advise, no part of
the proposed Bolivar bridge project is within Harris County, nor is it connected to a facility as
defined by section 284.001(3) that is controlled by the Authority, the Authority may not participate
in the project.
The Honorable Michael A. Stafford - Page 4 (GA-0039)
SUMMARY
Because no part of the proposed Bolivar bridge project is
located within Harris County, nor connected to a facility that is
controlled by the Harris County Toll Road Authority, the Authority
may not participate in the design and construction of a toll bridge
from Galveston Island to Point Bolivar.
Very truly yours,
BARRY R. MCBEE
First Assistant Attorney General
DON R. WILLETT
Deputy Attorney General - General Counsel
NANCY S. FULLER
Chair, Opinion Committee
Rick Gilpin
Assistant Attorney General, Opinion Committee