Untitled Texas Attorney General Opinion

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