Untitled Texas Attorney General Opinion

THEATTORNEYGENERAL OF TEXAS AURTIN. %bXAS 78711 Honorable Joe Resweber Opinion No. H-990 County Attorney Harris County Courthouse Re: Whether Harris County Houston, Texas 77002 may charge tolls on the Lynchburg ferry. Dear Mr. Resweber: You have requested our opinion regarding whether the commissioners court of Harris County may charge tolls for crossings on the Lynchburg ferry. The commissioners court has for many years operated the Lynchburg ferry as a free ferry across the Houston Ship Channel. Its authority to do so is derived from article 2351, V.T.C.S., which provides, in pertinent part: Each commissioners court shall: . . . . 2. Establish public ferries when- ever the public interest may require. The commissioners court is not authorized thereby, however, to assess tolls for ferriage. It is well established that a county_ possesses . only those powers specifically conferred by the Constitution and by statute. Canales v. Laughlin, 214 S.W.Zd 451, 453 (Tex. 1948). Two statutes, articles 6801 and 1476, V.T.C.S., authorize a commissioners court to assess rates of ferriage. Both're- late, however, to the imposition of tolls and charges on pri- ;;;;ly operated ferries. See V.T.C.S. arts. 6798-6812; 1474- . In our opinion, thesestatutes furnish no basis for concluding that a commissioners court may charge tolls on county-operated ferries. Furthermore, a number of other statutes clearly authorize a county to charge tolls on county-operated bridges and tunnels. -See V.T.C.S. arts. 6795a; 6795b; 6795c. p. 4112 Honorable Joe Resweber - page 2 (H-990) See also Attorney General Opinion H-825 (1976). The absence -- of any such language in article 2351, or elsewhere, authorizing a commissioners court to assess and collect tolls on its county-operated ferries, compels the conclusion that it may not do so. SUMMARY The commissioners court of Harris County may not charge tolls for crossings on the county-operated Lynchburg ferry. -Very truly yours, / j Attorney General of Texas APPROVED: u Opinion Committee km1 p. 4113