Untitled Texas Attorney General Opinion ( 1986 )

.
The Attorney General of Texas
JIM MATTOX June 25, 1986
Attorney General
Supreme Court Building Mr. Robert c. Lanic!r Opinion No. JM-507
P. 0. BOX 12546 Chairman
Austin, TX. 76711. 2546 State Department of Highways and Re: Whether the Texas Highway
5121475-2501 Public Transportation Commission may temporarily close
Telex 9101674-1367
Telecopier 512/475-0266
11th and Brazes Streets a portion of the Interstate 35E
Austin, Texas 78X1 frontage road in Dallas for the
purpose of allowing an inter-
714 Jackson. Sulie 700 city "grand prix" race
Dallas. TX. 752024506
21417428944
Dear Mr. Lanier:
4624 Alberta Ave., Suite 160 You have requ,ested our opinion regarding the authority of the
El Paso, TX. 79905.2793 Texas Highway Conmission to close temporarily a portion of the
915a33-3464 Interstate 35E frontage road in downtown Dallas for the purpose of
allowing its use f0.can inter-city "grand prix" race on June 19, 20,
/-
31 Texas, suite 700 and 21, 1987.
muston, TX. 77W2~3111
713,2255886 The Texas Righway Commission is authorized by article 6674w-1,
V.T.C.S., to "lay cut, construct, maintain, and operate a modern State
Highway System. . ." (Emphasis added). In the absence of indica-
606 Broadway. Suite 312
Lubbock, TX. 79401-3479
tion of contrary l&slative intent, we believe it is clear that this
606/747-5236 provision empowers Ithe commission to adopt regulations governing the
day-to-day operation of the state highway system, and all portions
thereof. As the Sr.premeCourt declared in Texas Highway Commission V.
43M) N. Tenth, Suite S
McAllen, TX. 76501-1665
El Paso Building anjlConstruction Trades Council, 234 S.W.2d 857, 859
512i@2-4547 (Tex. 1950).
[tlhe Stc.tehas created a Highway Commission, and
2w Main Plaza. suite 400 has placc!dunder its direct and exclusive control
San Antonio. TX. 76205-2797
51z2254191
the manaf:ementof its highway system.
Id. at 859. Furtkrmore. the commission is specifically empowered,
An Equal OppOtiunityl inter alia,
Affirmative Action Employer
(a). To designate any existing or proposed
State HighGay, of the Designated State Highway
System, or any part thereof. as a Controlled
Access Mghway;
(b) . To deny access to or from any State
Highway, presently or hereafter designated as
p. 2327
Mr. Robert C. Lanier - Page 2 (JM-507)
such . . . which may be hereafter duly designated
as a Controlled Access Highway, from or to any
lands, public or private. adjacent thereto, and
from or to any streets, roads, alleys, highways or
any other public or private ways intersecting any
such Controlled Access Highway, except at specific
points designated by the State Highway Commission;
and to close any such public or private way at or
near its point of intersection with any such
Controlled Access Highway;
Cc). To designate points upon any designated
Controlled Access Highway, or any part of any such
highway, at which access to or from such Con-
trolled Access Highway shall be permitted, whether
such Controlled Access Highway includes any
existing State Highway or one hereafter con-
structed and so designated;
Cd). To control, restrict, and determine the
type and extent '~!5access to be permitted at any
such designated point of access. . . .
--.
V.T.C.S. art. 6674w-1, subtliv.2(a)-(d). Interstate 35E is clearly a
"controlled access highway-" Accordingly, the commission is specifi-
cally authorized "to close any such public . . . way," &, the
Interstate 35E frontage road, "at or near its point of intersection
with" Interstate 35E. Ii our opinion, the foregoing provisions
furnish ample authority for the commission to close temporarily a
portion of the Interstate ?5E frontage road.
You express concern &about section 185(a) of article 6701d,
V.T.C.S., which provides:
No person sha:.ldrive any vehicle in any race,
speed competition or contest, drag race or
acceleration contest. test of physical endurance,
exhibition of speed or acceleration, or for the
purpose of making a speed record, and no person
shall in any manuer participate in any such race;
competition, contest, test, or exhibition.
We assume that this statute is limited in application to "highways."
"Highway" is defined in section 13(a) of article 6701d. V.T.C.S., as
[t]he entire wid:h between the boundary lines of
every way publicly maintained when. any part
thereof is open to the use of the public for
purposes of vehicular travel. ?
p. 2328
Mr. Robert C. Lanier - Page!3 (JM-507)
If the commission validly ,::Loses a portion of a state highway between
two specific points, so ~that it is not open to the public, that
portion so closed ceases during the period of closing to be a
"highway" for purposes of section 13(a). As a result, section 185(a)
is not applicable thereto.
In conclusion, it is our opinion that the Texas Highway
Commission is authorized to close temporarily a portion of the
Interstate 35E frontage road In'Dallas for the purpose of permitting
its use in an inter-city "grand prix" race.
SUMMARY
The Texas Highway Commission is authorized to
close temporaril:ra portion of the Interstate 35E
frontage road in Dallas for the purpose of
permitting its use in an inter-city "grand prix"
race.
JIM MATTOX
Attorney General of Texas
JACK HIGHTONER
First Assistant Attorney General
MARY KELLER
Executive Assistant Attorney General
RICK GILPIN
Chairman, Opinion Committee:
Prepared by Erik Moebius
Assistant Attorney General
p. 2329