AUWXTN aa. -
WILL WILBON December 5, 1962
AwroRNEYaENERAL
Hon. Bradley C. Miles Opinion No. ~~-1486
County Attorney
Taylor County Courthouse Re: Whether or not a County
Abllene, Texas Is authorized to expend
county funds for elec-
trical power and the main-
tenance of safety lighting
fixtures erected by the
State, outside of city
limits, along a designated
Dear Mr. Miles: State highway.
In your letter requesting an opinion of this office,
you state the following facts:
1, .The HI hway involved js Interstate 20,
or U. S.'Hlghway fi0, which traverses Taylor County
from West to East. According to the Interstate
Program, bypasses around cities and towns are being
constructed, and such a bypass has been constructed
around Abllene, Taylor County, Texas. It Is our
understanding that the Chamber of Commerce is desir-
ous of obtaining Safety Lighting fixtures near en-
trance and exit ramps along said Highway, in and
near the City of Abilene. The State Highway Commis-
sion has passed a Minute Order (j&5302) authorizing
the State to Install such fixtures, but with the
understanding that the Municipality and/or County
will pay for the electricity and maintenawe of said
fixtures. It is estimated that a total of 128 light-
ing units are to be Installed In and around Abllene,
77 of which will be within the city limits of Abllene
and 51 outside of the city limits."
Article 6673, Vernon's Civil Statutes, reads:
"The Commisslon is authorized to take over and
maintain the various State Highways in Texas and
the counties through which said highways pass-8iall
expense or supervision 0
~~g~E;~~si"~"b~~~~~~on shall use the automobfl?ch
regis ration fees In the State Highway Fund for the
. .
Hon. Bradley C. Miles, page 2 (!d!d-lb86)
maintenance of such highways, and shall divert the
same to no other use unless the Commission shall
be without sufficient funds from other sources
to meet Federal aid to roads in Texas, and in such
case the Commission is authorized by resolution
to transfer a sufficient amount from such fund
to match said Federal aid." (Emphasis added)
Article 6674q-4, reads in part:
"All further improvement of said State Highway
System shall be made under the exclusive and direct
control of the State Highway Department and with
appropriations made by the Legislature out of the
State Highway Fund. Surveys, plans and specifica-
tions and estimates for all further construction and
Improvement of said system shall be made, prepared
and paid for by the State Highway Department. No
further improvement of said system shall be madr
with the aid of or with any moneys furnished by the
counties except the acquisition of right-of-ways
which may be furnished by the counties, their sub-
divisions or defined road districts. . . .- :(Emphasis
added)
In 28 Tex.Jur.2d, Section 301, p. 344-345, we find
the following language:
"All counties through which state highways
pass are free from any cost, expense, or duty of
supervision in respect to those highways. . . ."
,In Attorney General's Opinion No. 0-157'6 (1939), it was
held that a Commissioners1 Court could not appropriate money to
pay the light bill that would be incurred by maintaining two
electric traffic lights at two intersections of two state hlgh-
ways Intersecting within the county,
Attorney General's Opinion No. V-1115 (1950) holds:
"The Commissioners' Court of Travis County,
Texas, is not authorized to issue bonds for the
purpose of widening and improving Congress Avenue
bridge, an integral part of the State Highway Sys-
tem, in Austin."
Hon. Bradley C. Miles, page 3 (:1W-1486)
It was stated in Attorney General's Opinion No. V-1514
that the holding,,inAtto:rneyGeneral's Opinion No. V-1115
set out above, . . .was based on the conclusions (I)
that the Congress Avenue Bridge in Austin was a part of the desig-
nated State Highway :ysten and (2) that Article 6674q-4, poslti-
vely proh-ibitsany further improvement of any part of the desig-
nated State Highway System and with the aid of or with any funds
furnished by a county, except in the acquisition of rights-of-
way. . .
In view of the prohibitions contained in Articles 6673
and 6674q-4, Vernon's Civil Statutes, and the holdings in Attorney
General's Opinions Nos. o-1576 and V-1115, which we now reaffirm,
we are of the opinion that your inquiry must be answered in the
negative.
Please accept our thanks for the able brief submitted
by Henry J. Strauss of your office,
S IJMM AR Y
A County is not authorized to expend county
funds for electrical power and the maintenance of
safety lighting fixtures erected by the State, out-
side of city limi.ts,along a designated State high-
way.
Yours very truly,
WILL !!II,.SON
P.ttorney General of Texas
0LB:wb:mkh
APPROVFD.
ODINION COMMITTEE
Howard !,IMay?, Chairman
Cecil Rdtsch
Jack Goodman
Dudley McCalla
REVIEdED FOR THE ATTORNEY GENERAL
BY: Leonard Fassmore