Untitled Texas Attorney General Opinion

35 OFFICE OF THE ATTORNEY GENERAL OF TEXAS AUSTIN W.. OeO. A* Hi&t chid kcoountant Dear 92s: in the mone9s wey Fund under the sect8stat boatr and deeded tbam agrewat 6hat the stats 2 wmld maintain a ferry boll6 the two points mentioned a~beve. oat of the ierr boats to Qalveaten 000.00; ~4%,000.00 of the pur@iane atr wao pald Srom the proaeedr of the sale of Oslvacrtoncounty spaoi~1 Road Bonds, 8eri0a lt66, and the bd.~noe %SO,OOO w&18paid b9 6he ismmnoe ot Time Warrants whloh hare been retare "W Es. Ueo. A. Eight, page .#2 "The expre88lon *eligible obligations a8 ueed In this Aot shall mean obligations the pSOCt30a8ol which were eatuslly expended on State designated highways. ” It, therefore, follows that If the olaiPlof Calraeton County Is to be granted, the obllgstiona from which the ferry boat8 were purohassd, In order to be eligible under the pro- ViEliOn Of fiOU8e Bill @%S, mUUt 00ltQlywith thie definition. In other worb8, war8 the proaeeda of the Calveston County Speolal Road Bonds, Series 1928, ectually expended on State deeignated highwayr? Again rererrlng to seation 22,we rind that the Leglr- leture has defined *State designated highways* as iollow8: "By the eXpre881On8 'highvm98', cStete High- waye* and *State derignated high%y8*, are meant roads whIoh prior to January 2, 1939, had beoome aparE y*tp eyetem of aesigat3t8a State ai*- -98 . We have pointed out this definition of "State a68ig- nated HlghweyfP and called your attention to the iaot that the deflnltlon oontemplater roads, mM.oh we have underlined. We again raier to Seotlon 2 for thle further defInItioni *By the erpre881on *roads* or *road*, e8 used in this Act, is meant road, road,bea,bridges and cu1verte.- It will be ob8orYad,that none ck the foregoing detlnl- tions, in any manner, oontemplate the Inoluslon of ferries a8 a pUrpO8e for whioh the prooeeds of bonds may be erpended and suoh bonds be m8de 011 lb18 for @%rtloIpation under the pro- vi81one of Rouse Bill B688. We direct your attention to Artiole 6812a, Verrion7.s Civil Statutes, passed by the Forty-third Legislature, Firat Called Seasion, whloh Aet wa8 paesed sublrequantto Atii016 dd74q, Chapter 13, Aete of the Third Called Se881On Ot the 37 SW. 'Gee.A. Bight, page #S Forty-86eOnd LegielattLre,as amended by Chapter 14, Act8 of the Regular Se8eion OS the Forty-third Legislature, and which ha8 again been amended by HOuS Bill #MS, of the FOStp8ixth Legislature, Regular %88ion, 1939. It will be noted that the Legislature in enacting AStlOl6 68lga reoognlzed that the State Highway Department wa8 without authority to acquire by purohase or to oontraot to maintain, operate or control e ferry. House Bill #66S we8 passed subsequent to the above olted article and the definition8 Included In Rouse Bill #6SS hate again omitted any referenoe to Serrfaa. It la, therefore, our opinion that Calve8ton County*8 elalm to participation in the money8 allocated to the Board OS County and District Road IndObtOdne88 under FIOu86Bill #MS 8hOUia be denied. Trusting that the foregoing 8ati8rnctorlly an8wer8 your Inquiry, we are Very. tntly y0uSB ATToRREY5ENERAL OFTEXAS cm-a APPROVEDJAN 31, 1940 COMMn-rEE