OFFICE OF THE ATTORNEY GENERAL OF TEXAS
/
AUSTIN
j GROVLRSLLLII1*
ATIO”*m”
G.IIC”AL
BonoraI@e Chae.‘A. Tomb,
Oounty Auditor
Records Building
Dallas, Texas
-.
Dear Ibr.Tosohr
tion with the
State Highway
h has been reoeived,
ssioner Lyqn Lamther to cppeer
Production Board in Tashing-
t2e interest of the couple- .~
i?hrrayEio.183, which is al-
e North Ft. Forth Eoad. This
been held up by the Tar Pro-
after the contract m20 let
by the State RightieyConmission -- and oon-
alderable amount of gork had already Bean
dono.
"1 would like an opinion Prom your de-
partment as to whether or not the expense
,of this trip can be paid by’LiallasCounty,,
and if eo, out of which fund.”
Honorable Chas. A. Tosoh - page 2 . .
/
Article 6875 of the Revised Civil Statutes
ebuthorizesthe State Bighway Commissionof Texas to
take over and nainta$ the various State highways in
TeX89. The first serjtenoeof said Artlole reads:
aThe dommiseion is authorizedto take
owe and maintain the various State high-
rays 3.nTexas, and the counties throu@~
.
mh.lchsaid highway passes shall be free
from any aoet;, expense or supervisionof
suoh highways.*
In Iverson vi Dallas County, 110 s. w. 12) 235,
.the oourt inconatrulng the above Article and ~theother
:
statutes relative to the powers end organizakion~ol’ the
State Bighway ConmrLsslon, held that when the State~Blgh-
e
way Department took over the control, management and main-
tenanoe of a State hLghv3y, the county lost control there-
of inso.far as'Its main~enemceand upkeep are concerned.
It appears froy,yourletter that the State High-
way Co~!&esioahas taken charge of the road project in
queetion,.endhas let the oontract,forths building there-, '~
of.~,teepresume.that said hl~hway i.3fioaa partof the
State highwey system. If ne are correct'in thie essump-
tion, then the maintenanceand upkeep 'the~reof13 not
county business.
Based upon the above assumption,itis our opti-
Ion that the expenses of the County Judge and County Corn-~
missioner ingoing to F;ashJ.ngLonfor the purpose named cm-
not be paid out of the Road and Bridge Fund, or emy other
fund, of Dallas county.
SInme Dallas County Is not required to build or
maintain the road in queetlon, the proposed trip to Cash-,
~
ington rould not be in furtheranceof county road husinees.
pry truly'yours
Geo. I?.Bsroue
AsBi8ta.nt