656
OFFICE OF THE ATI’ORNEY GENERAL OF TEXAS
AUSTIN
I
--i--
Honorable I. Prado&l
County Audltor
oalverton county
Oalve8ton* Texas
Dear Sir1
ter arking for
County, the
2 is entirely vlth-
and there are no
awall built bg Gal-
, vhloh Is wed 88
proteative work and 18
tr Of Preolnot 62.’
ion and main-
m the Permanent
protective
n made annual-
e. As stated, the
drlvevay or Boulevard is part of the proteotive vork
and all extension8 and mslntenanoe expenditures are
mid from the tax levier mentioned.
‘1 kindly ask that you advlre me further, ln
view of the faot that there are no road8 in Preoinot
#2, aa to vhother the Connnisrloner from thl8 Preolnot
xionorrble I. Predeoki, pago 2
la alao~rntitlad to the olaim a8 rtated in the Opin-
ion, to be paid for automobile expenses while on of-
fioial duties from the Road & Bridge Fund, or la hs
lsgrlly entitled to automobile bxpenrer vhile on of-
fioi81 duties to bo paid out of tha Per8want Improve-
mat Fund.
II. . . . 0
Tbia depactm8nt held, among other things in Opinion
Uo. O-5328, that Senate Bill go. 286, Aota of the 68th Isgiala-
ture, Regular Session, 1943, vaa oon8titutional.
Said Seaate Bill go. 286 reads in part aa follovar
lSeo tfo n
2 (a). ‘pas County Commiaaionera
shall ma+ aa inapsot+on of the publlo roads, hlgh-
vaya, 4nd other appurtanano~a pertaining thereto
vithin their raapeotite preoinota and vithin their
jurisdiction during or Umwdiat8ly 8fter the ooour-
ran88 of any storm, flood or high tide, the ooaur-
2~08 of vhioh would probably damage or obatruot raid
pub110 roads, highvuyr and 8ppurtenanoea. If rush
inapootion reveals that raid roads, highways and ap
purtenm~ea have been damaged or obatruoted ia any
County Commissioners preoinat, it shall be the duty
of raid Commi8aioner to oloae said road, highvay or
qqmrtananoa or to install adequate faailiti88 e&or
varning signs at or near the aoene of said damage or
obstruotlon, aufflolant to v8rn the publio thereof,
and to proaard 48 8OOXIa8 IS possible th8reaitar to
ri have auoh dam8ge repaired and o~rtruotion removed
therefrom,
i “Sootion 2 (b). Ipho County Comiaaionera of
QalVe8tOn county, Teacar,, fire saoh hereby alloved
88tual traveling expenaea not to exoeed the aum of
Fifty ($50.00) Dollar8 per month for the use of their
Pri?ata automobiles, provided hovever that ruoh travel-
ing expenaea shall be alloved only vhen inourred by
; the County Comml88ionera in the perform8noo of their
dutie8 pertaining to the maintenanoe of th8 pub110
$ road8 and higpuap8 or said 00011ty. Eaoh OOUnty oom-
miS8iOner inourring auah expenao ah.811 file 4 olaim
658
Honorable I. Predeokl, page 3
with the Commiaaionera Court, and, if said Olain la
in order, same rhall be approved, allowed and order-
ed paid by said oourt as a olaim against the oounty.
said olaim rhall bs paid Out Of the road and bridge
fund of said oounty in the same manner as provided
“,J,?: for the payment of other olaima from said
.
You statein effeot that oommiaaionerat pr6oinot 130.
2 is entirely within the oity limits of Galverton and there
are no roads in thir preoinot. Uovever, you state further1
‘l’he Seavall built by Oalveatoa County and the
Boulevard, vhioh la used a8 a driveway, la part of
the proteotive work and is partially within the limits
of Preolnot go. 2.”
If there are no roads, highways or appurten.9nOeS pertaining there-
to within preoinot go. 2 under the furiadiotion of the oounty oom-
miaaioner of said preolnot then there la no duty imposed upon him
by 8aid Senate Bill lfo. 286, 8upra. to perfOrm any of the duties
mentioned therein. If he, in feat, performs none of the duties
required by #aid Aot, then he would not be entitled to any trawl-
ing erpenasa authorised and allovsd by said bill. However, on
the other hand, if the part of the boulevard vhioh la used as a
driveway la under his jurisdiotion and it la his duty to maintain
the same and perform the duties required by said Senate Bill Ho.
286, then he would be entitled to the traveling expenses inourred
by him not exogsding $50.00 per month in the same manner as the
other county oonnuiaaionera of the oounty.
If the county oc888iaaioner of preolnot Ho. 2 legally
~oura traveling expense for the use of his private automobile
under Senate Bill go. 286, lup r a th8 ,.8811~8mu8t be paid from the
road and bridge fund as authorized by said Senate Bill SO. 286.
Su8h traveling expenses oould not be paid from the permanent
~rOV88wt fund. (See the aaae of Uilliam8 Y. Carroll, 182
S* Y. 29j Carroll V. Uilliem8, 202 S. Y. 504)
&dell Villiama