E QRNEY GENERAL
FTEXAS
Auc?vrIN
11.-l?Exas
PRICE DANIEL
ATTORNEYGENERAL
October 31, 1950
Hon.,Perry L. Jones Oplnlon No. v-1115
County Attorney
Travis County Ret May Travis County
Austin, Texas Issue bonds for the
purpose of wldenlng
and lmprovblg con-
Dear Sirs
Your request for an opinion presents the fol-
lowing questionr
%ay the Consnlssioners' Court of Travis
County, Texas, legally issue bonds for the
purpose of widening and lmprovlng the Con-
gress Avenue bridge, if the Issuance there-
of is approved at an appropriate election?"
Your factual recitation reveals that the Con-
gress Avenue bridge which spans t e Colorado River wlth-
Sn the corporate limits of the city of'Austin, Texas~,
was coni&ructedby Travis Count+ during IgO8-rg0g from
the proceeds of a county bond issue. Subsequentlyand
by virtue of the Bond Assumption Act of 1932, the State
of Texas assumed and paid approximately$60,000.00 of
the outstandingbonded indebtedness. The Camnlssloners*
Court of Travis County does not contemplateany improve-
ment of the bridge withaut'the consent of the governing
body of'the City of Austin. The Congress Avenue brldge
is a part of,,?State.deslgna$edNghway. ,.
..a. ,. ,,
,, 'Article 6673, V.C.S., provides In part%
"The (Highway)Coaunisslon is authorized
to take over and maintain the various State
Highways ln Texas, and the counties through
which said highways pass shall be free from
any cost, expense or supervlslonof such
hfghvays. . D a*.
In 1923 the State took over all highways con-
stltutlng a part of the Highway System and oblllgatedIt-
self'to bear the expense Incident to the maintenance and 0"
P
Hon. Perry L. Jones, page 2 (V-1115)
constructionof all highways that were then, OP might fn
the future, be designatedas State Highways.
“Prior to 1924 the titles to all high-
ways in this State w-e taken ln the names
of the various aouatles fn which the roada
were 82tuated* Such titles were held by
the counties for the use and benefit of
the State. Weverthelessthe countfes’wepe
aharged by law with the duty of construct-
lng and nalntalnlng the roads. In the
constFuotlonof these roads the counties
and rotiddistricts were authorized to, an9
did, Incur heavy bonded obligations. Th&s
method was adopted by the State for the pi-
pose of enabling It to use the cou&ies as
its agents to construct public roads for the
use and beneilt of the State. Aransas COUP-
ty ve Coleman-ton Pasture Company, 108
Tex. 216, 191 S-W, 553. In 1923 the Legis-
lature adopted an Act by which the State
took over Pram the countiee all Mghwaya
constltutiing a part of the State highway
This par% of the Act became efTeo-
!%%ma~ 1 1924 Acts 1923, sth Leg.
Ch. 75, pe 155; Seco*20. Since that t%me,
by va~loua other Acts the ImgislatWe has
taken other addltlcnd hlgbrays. The rlgbt
of the State to take over r6ads aonstruoted
by counties was contested In the case of
Bobbiae vs Linmtoae County, 114 Tex. 345,
268 S.Y. gl'ja 918. This CouPt in su~ta.Q3ing
;zdlght of the State to take OVBF such roads
ngPublic mda are state property oveF
which the state has full control and author-
ity. * e *
"*TIEAestablishment of public highways
being pfpaplly a fvaetion of government be-
longing to the &f&o the tight to establ5ah
them resides flltlm Legislature,
and, in the aFbewe oltconstitutionalre-
strlctione, the Legislaturemay exePcfse
Hon. Perry L. Jones, page 3 (V-1115)
that right direct or delegate It to a poll-
tical subdivisionof the state, or to such
other agency or instrumentality,general or
local ln its scope, as it may determine. The
exercise of this right by a political subdi-
vision of the state, or by local officers, Is
founded upon statutory authority therefor.
The Legislaturemay exercise possession of
public roads and control over them, by and
tb.rou@ such agencies as it may designate.
. . 0
In Iverson v. Dallas County. I.10S.U.2d 255, 256
(Tex.Civ.App.1937) the C ourt said;
"The Acts of the 35th Legislature (Acts
1917, co 190) and the amendments thereto at-
tempt to set up a complete uniform system of
state Nghways In the State. Article 66’73 of
the Rev. Civo Stats 1925, to ether with sub-
sequent enactments [article 6E73a) affecting
state highways (Vernon'sAnn. Civ. St. arts.
6673, 6673a), authorlee the State Highway COm-
missioners to take over state highways; and
we think, stripped the oountles of this State
of any authority to let contracts for the aon-
structlon or maintenance of any public road
comprisinga portion of the State RLghuay Sgs-
tern,either in their own name or as agents for
the State of Texas, except In the speclflc ln-
stances and strictly in keeping with the pro-
visions OP such acts."
Article 6674q-4, V.C.S., provides In @Wtfi
"All further Improvement of said State
Highway System shall be made under the ex-
clusive and direct control,ofthe State Hlgh- I’
way Department an8 with approprlatlonsmade
by the Legislature out:,
of the State Highway
Fund.~ Surveys, plans and sgecif'ioatlonsand
estimates for all further constructionand
Improvement of said system shall be made,
prepared,andpaid for by the State Highway
Department. No further improvementof said
system shall be made with the aid of or with
any moneys furnished by the counties except
the acquisition of right-of-wayswhich may
be furnished by the counties, thel;uT$;l-
sions or %ePlned road districts.
* .
Bon. Perry L. Jones, ‘page ,4 (V-1115)
shall in nowlse affeot the aarrying out of
aay.blndlng contracts now existing between
the State Hi hwag Dspartment and the Cmmis-,
e&onersCour& of any county, ior such coun-
ty,‘m iOr any defined road district. . . e*
Article 6674rp9, V.C.S.,provides In parti
“If suoceeding Iiegfrlat~er shall aon-
tlnue to carry out the polloy’hereln defined
by authorlalng a similar a comlatlon of
funds fran time to time, (aPp then whenever
the eligible obligation shall hare been fully
paidae herein provided, a6 to er for any
aounty or defined road &i&riot acaording to
the povlaions~ of this Act, then, and 19 that
eveat the title and possession of all roBdo,
road ieds, b&lges, and culverts In saah
aounty or defined road district, which ape
included In the system of Designated State
Highways, shall automatioallr vest ia fee
lmle In %he State oi Texas: . e .” (EmL
$umls added.)
From the foregolag It will be noted that Con-
gress ,Avenw bridge, is a part of a State d~slgnated high-
way. A bridge 1s o~QM&~lly but the part of a mad OP
hlghwuy that traverms a stream., Aransas Co
maa-Fulton Pasture Co, 100 Tex.
EountZes no longer have any Inter
highways other than the acqulsltlon of right of ways, the
same being within the exclusive jurlsdiotlon of the State
HIghway CcsPmriselone It Is true that alties an4 towns have
,juri66iotlon over Stat0 hlghwaye 8ltuatod witMa such
oltlr8 axid towns by virtue of uppropz%ate provfs$ons gfv-
the cities exclusive jmlrQlotlon over Ughwags of
2L. (fabbert .ve City ab ~Brownwood, 176 S.W.2d 344
(Tex.Oiv&p.1943 ofi) However, State highways
a8 raoh~ do not ~lo~eeii%,‘idkiilty ,even though withen
the jalrdlctlon of a city, and Artlole 66749-4 1~ an
all-lnaluslvr ‘prohibition against the fumlshl~ng of man-
eya by a oounty fo the Improvement of the
S&BBB save ana exoept tke 8oquisltion of
tme, it ‘neorsur?il~ ‘r0xi0wf.ithat
talo&me~ -8 aurt x?f TxUvla County would 80% be author%sed to
lssw ,boa&r toe the pu~pora of wldembg a&l lmp~ov~ng Con-
~‘~gress.Arenue brfdge In the City of Aust%nn,
Hon. Perry L. Joam, psse 5 (V-1115)
!che positive pablbztloa e@%a#t rurther lm-
provemeat of a Stata desigwttad highway e aounty, as
7
contained in Artlale 6674q-4 leaves a0 a terxmtlve
other than to hold that Trewi,s Oouuty ha8 no authority
to improve the bridge In quwtitxt 80 loag aa~~rrem&m
a part of’ a State dealgnclted Mghway~
Lag would raise tb questian vhether the 7 909 bon&t -
oould have been legally asttm ths St&r, the aa-
cmptioa hwi been based upatt 9s
t bddge belng part
of a state de8 7 gnated highway.
The 0alml801owrs' Oowt o? Travis
County, Tams, is not attthosired to ltt-
SUB bonus ior the pwp0se os ridwag ana
improvlag 0 ret!6 Avenue b&dge, an ia-
3 the State %ghway System,
sf%&~”
APPROVWB YotPa very truly,
Ja 0. Davis, Jr. PltRrorMlmL
county Afrairs mmi0a Attorney beaeral
Everett Xutahiaeoa
Exeautive Assistant
Charles D Mathevs
First A&tat Assistant
Bwtmv