-- ’
R-174
AS
AUSXTN~P. TEZ~AS
April 22,, 1947
Hon. George
Comptroller
Capitol Station -
Austin, Texea OpFnkx~:&,b V&X&
ore:: ~VhQthbb:,the;Ctiptrolleti
ma. m&m%!kt~ to pess
an 4a~.owxt.for payment
to, the Rl@hWy ,Depe:rt-
mmt far rsezicees ren-
de%v?dby it to, the
A:uatLn S&ate School for
strecrts withkn the school
Dear Sir: ground.
.
Your statement and requeak for an opinion
is as follows:
"The IPTghweg-DepaMwnt @s&d to be
reimbursed 8.5 fbllmrs:
"1 . Servic~es of employees of the
Highwag Deplrmnt .'
"2 . R@e& tin &a I$ ~&+@ '-guipraent .
“3 . MeterUl~ kw&&&
"Questionr Is there ,ls@l wthorlty
for paselng l&is aecaunt In Whole Or in
part for payment."
Artlcle"6673, V.C.S., ra&dS a8 followsr
-.
Ron. Georeo B. Sheppard - rage 2, v-160
“The Commission iv authorized to take
over and nlntaln the various State High-
ways in Texds, and the counties though
which said highways prss shall be iree from
any cost, expense or supervision of such
highway! D The CommistIion ~shall use the auto-
mobile rc,gkstmtion fees in the State Highway
Fund for the mefnteaance of such highways,
and shall divert the same to no other use un-
less ~the Commfssion shall be without suffl-
cient funds f?om other sou1~3es to meet Fed-
eral aid to posds.l.n Texas, ,and in such
case the Commission is authorized by Pesolu-
tlon to ‘tr+ansfer a sufficient amount from
such fund to metoh asid Fedex%1 aId.”
..
Artfcle 6674, V .C .S *, provides in pert as fol-
‘I* * + All money hemsin authorized to
be apppOpx4eted for the operetlou of the
Department and the purchase of equipment
shall be p8i& ircm the Stste Hlghwej Fund,
and the reuirde~ of al&d fund shall be ex-
pended by the Cwrlsslon for the it&her-
8nce of publio rcwd oonrtruetion and the
establishrcsnt’of a mystem of State hl@kwags
as herein provided D”
Article. 6674a,, rsads as follows a
“All maneyr now or hereeftep deposited
in the 3tet.s Trusuzy to credit of the
*State, MehuT Fund”, including 011 Federel ’
old moneys deposited to the credit of said
fund u&or the terms of the Fed,erel HFghway
Act and all oounty rid moneys. depo8ited to
the credI.t of said fund under the to-8 of
;hFt;ztsshaU be subject ‘to appropriation
0 pecific purpose bf the improvement
of said ay8tem of’ State Highvays by the
Otate Hlghwaj apetitment O’t (Emphasiti added) a
hrticle 6674q-5, provides:
.
“All money8 ‘nti or heresfter deposited
fn the State’ Treasury to the credit of the
“State Highway Fund” lncl@.?ing all Federal
aid money deposited to the credit of said
c
Hon. George R. Sheppard - loge 3, v-160
fund under the tori of the Pederrtl Aid
Rlghvrf hbt, shall be subject to raproprla-
tlon by the Legislature for the 8, oific
purpose of the i~p~oveiueut of 88 Ti%Emi
of Stmte Highways by the Strte l$Iighvry De-
partment." (Emph.c318 ours).
From the above strted atatutea, we therefore
conclude that the Nighwry Department ir authorized to
expend aozicpy for the construction or maintenance of the
State Hlghvay system only, apd &,e not authorized to
build streets within the grswldr of another State De-
partment, viz, the bustin State School.
In Opinion Ho. O-1475, this Bepartwnt held
that the Texas Highwry Bepartaeat wrs'wlthout authority
to improve the stpeet4 et C~IU#Xt&lOnsit344 the streets
did not omprlse 8 part bf the system of highways of
thls State. We are onclosing a copy of thld opinion.
Opinion HO. O-420 of this office held th8t
the Hlghvsy Departmeat dld not have the authority to re-
quest the Board af Control to puroMss out of highway
funds su@plioL wh%oh ybr@ te Ire uned for the purpose of
sale to otheel* drpart~eats of the $Wdt, a?@ that without
a pre-existing lrw one State kporttrent csuld not chrrge
another departmeat f(Pr sorvlces rendrrod. We 8re en-
closing a copy of this eplnlon.
Xe h&v8 found BQ lrv thet would authorize the
Highway Department ta reoofaditioti streets within the
Austin State School grounds, and no 18~ that would
authorize apent to the bapartmsnt for such work out
of Austin iitote School funds.
i?.?!sR
The Comptroller ef ?ublic &xounts 1s
without rutblerity to pr8& for w)reat (111~
account sf the I!1 wry karrtm**t for aerv-
Ices rendered by p*t tb the Amtin State
School for streets wlthl8@ the school grounds.
'Yours_very
. truly
ATT~,RI'&GENERALOF TEXAS
; Asalstant
Rhi%/.TMc/dr/lh