OFFICE OF THE AYTORNEY GENERAL OF TEXAS
AUSTIN
QDUuCIIUlcc
m.swmmv-
Bonarable iioumr Garrison, Jr,
Diteotor Departaont of Publto Safety
hap Yabry
Austin, Taxa8
Dear Mr. Barriron;
your lett6ror July
ion of thlr depert-
aotor or the Depart-
d authority to
t lraaybr oolleotea
t fund, which is pro-
701, R. C. 5,
this fund will be available
ng expensor OS tar, C. R.
otriaal Faglnaerlng, University
light teoting laboratory, in-
p out of the state for thr purpose
tlon on the latest te8ting teebnique,
Conditionad upoa an afiirnmtive
two quastlona, you request that par-
d t0 Mrr Ornnbwry to make mild trip.
8eotloa 5, mttw~a 6701, rsada a8 r0ii0w81
mhy perpIon, iirm or corporation my aubm.lt
to the State Iiighway Commlrsfon a lens, reflector
or headlight oontrol aevioe intended to meke 6
headlight oomply with the proviaiws ai thlr hat,
and make application that the aama be tasted as to
..
..
, 151
Honorable Eonsr Garrison, Jr,, Page I!
oonformlty with the raqulreuanta of this Aot.
Upon such application being aado, the dtate Highway
Comlaslon shall, upon notioe to the applioant,
subiaft suah lam, refleotor or headlight oontrol
detioe to the testing sgsncs as herein designated
with the rsqmst that suoh device be tested aa to
00Arortittywith the requ5.reaents or this .kat. Each
auoh appliasnt shall, upon the ftling of his applioa-
tlon, pny to the State Highway Comlsslon B ree or
rirty dollars. Ml auoh 5~0s shall ba nald by
the State Highway Commission into the Stats ?reasurp,
and they shsll be deposited in a fund to be k~~own
3s the Highway Light Toot Fmd, and the 3tate Treasurer
Sh4ll keep suoh rkd separ‘dte. The xomys in suoh
fun?, or so muoh or sham as my bs neoessary, shall
‘ssused. to meet the expense of :he tests 3s rerein
provided, and for suoh use they are hereby sppropriated,
and the b&mos thereof, if any, shall be pold Into
the State Highway Fund. Moneys in the nighway Light
Test Fund a&all be npent under the direotion of the
State S$ghway ConmIssion, .md may be spent only to
derrag the en~anses of testing by the twsting agency
herein provided r0r.n
In an opinion dated Bay 3, 1958, addreesed to the
Ponor3ble Julian Eontgouary, state iilighway liapartmsnt, and
written by wsaistant Attorney General il. B. ‘2ope, this de-
partnient held that the duty of j?roriiling IUP tastiag and
approrlr;g hi@nsy lighting davioes under ;irtiola 8701 was
transferred to the Deptrtaent of iublio Safety at the time
that departmct was areated by the Legislature and the tjtate
Highxay yatrol transferred to it.
Consec;uently, after this transfer for tha term
ori&mlly used in the .+ot V&ate Highway COmmiSa~on”,
there mutt, after auoh transfer, be aubvtituted the words
*Department of Fublio Safety”. Your firot qucIstiaA is
therefore answered in the affirnatf78, SiAOS we find un
appro riation of this fund ror the balanoe of the present
bienn lpum, made by R. E. 570, Aots Forty-seventh Legialaturr.
Tour seoond question is likewise answersd in the
arrirmatire, Ths expenses to be lnourred oa this trip, in
our opinion, are expenses properly lrioideat to the ;Ilaoharge
or the duty of testing by the orflaial wsncy, to-vilt, the
.
Honorable Homer Gqrrison, Fags 3
University of Texas, dealgnated by the statute. The fund is,
by its terms, available for derraylng "the axpensea or teatlng
by the testing agemy", and la; de abovo ruled in response
to your first qmation, to bo expended under tha dlreotion or
the Dapartmentof Tub110 Safety for Juoh purposes.
Wth refere,noeto ysur requsst ror pemission to
bo granted Mr. Grauberry to make the trip in question,
you are sdviaed that this m&tar ~21: be disposed of in-
;;;;;ednt or this opinion request, and by the usual tom
.
Yours very truly
ATTO!#K?YC23!3R.~L
OF TKXAS
Riohard W. Fairohild
Assistant
Untitled Texas Attorney General Opinion
Combined Opinion