Untitled Texas Attorney General Opinion ( 1962 )

AUWXTN aa. - WILL WILBON December 5, 1962 AwroRNEYaENERAL Hon. Bradley C. Miles Opinion No. ``-1486 County Attorney Taylor County Courthouse Re: Whether or not a County Abllene, Texas Is authorized to expend county funds for elec- trical power and the main- tenance of safety lighting fixtures erected by the State, outside of city limits, along a designated Dear Mr. Miles: State highway. In your letter requesting an opinion of this office, you state the following facts: 1, .The HI hway involved js Interstate 20, or U. S.'Hlghway fi0, which traverses Taylor County from West to East. According to the Interstate Program, bypasses around cities and towns are being constructed, and such a bypass has been constructed around Abllene, Taylor County, Texas. It Is our understanding that the Chamber of Commerce is desir- ous of obtaining Safety Lighting fixtures near en- trance and exit ramps along said Highway, in and near the City of Abilene. The State Highway Commis- sion has passed a Minute Order (j&5302) authorizing the State to Install such fixtures, but with the understanding that the Municipality and/or County will pay for the electricity and maintenawe of said fixtures. It is estimated that a total of 128 light- ing units are to be Installed In and around Abllene, 77 of which will be within the city limits of Abllene and 51 outside of the city limits." Article 6673, Vernon's Civil Statutes, reads: "The Commisslon is authorized to take over and maintain the various State Highways in Texas and the counties through which said highways pass-8iall expense or supervision 0 ``g~E;``si"~"b``````on shall use the automobfl?ch regis ration fees In the State Highway Fund for the . . Hon. Bradley C. Miles, page 2 (!d!d-lb86) maintenance of such highways, and shall divert the same to no other use unless the Commission shall be without sufficient funds from other sources to meet Federal aid to roads in Texas, and in such case the Commission is authorized by resolution to transfer a sufficient amount from such fund to match said Federal aid." (Emphasis added) Article 6674q-4, reads in part: "All further improvement of said State Highway System shall be made under the exclusive and direct control of the State Highway Department and with appropriations made by the Legislature out of the State Highway Fund. Surveys, plans and specifica- tions and estimates for all further construction and Improvement of said system shall be made, prepared and paid for by the State Highway Department. No further improvement of said system shall be madr with the aid of or with any moneys furnished by the counties except the acquisition of right-of-ways which may be furnished by the counties, their sub- divisions or defined road districts. . . .- :(Emphasis added) In 28 Tex.Jur.2d, Section 301, p. 344-345, we find the following language: "All counties through which state highways pass are free from any cost, expense, or duty of supervision in respect to those highways. . . ." ,In Attorney General's Opinion No. 0-157'6 (1939), it was held that a Commissioners1 Court could not appropriate money to pay the light bill that would be incurred by maintaining two electric traffic lights at two intersections of two state hlgh- ways Intersecting within the county, Attorney General's Opinion No. V-1115 (1950) holds: "The Commissioners' Court of Travis County, Texas, is not authorized to issue bonds for the purpose of widening and improving Congress Avenue bridge, an integral part of the State Highway Sys- tem, in Austin." Hon. Bradley C. Miles, page 3 (:1W-1486) It was stated in Attorney General's Opinion No. V-1514 that the holding,,inAtto:rneyGeneral's Opinion No. V-1115 set out above, . . .was based on the conclusions (I) that the Congress Avenue Bridge in Austin was a part of the desig- nated State Highway :ysten and (2) that Article 6674q-4, poslti- vely proh-ibitsany further improvement of any part of the desig- nated State Highway System and with the aid of or with any funds furnished by a county, except in the acquisition of rights-of- way. . . In view of the prohibitions contained in Articles 6673 and 6674q-4, Vernon's Civil Statutes, and the holdings in Attorney General's Opinions Nos. o-1576 and V-1115, which we now reaffirm, we are of the opinion that your inquiry must be answered in the negative. Please accept our thanks for the able brief submitted by Henry J. Strauss of your office, S IJMM AR Y A County is not authorized to expend county funds for electrical power and the maintenance of safety lighting fixtures erected by the State, out- side of city limi.ts,along a designated State high- way. Yours very truly, WILL !!II,.SON P.ttorney General of Texas 0LB:wb:mkh APPROVFD. ODINION COMMITTEE Howard !,IMay?, Chairman Cecil Rdtsch Jack Goodman Dudley McCalla REVIEdED FOR THE ATTORNEY GENERAL BY: Leonard Fassmore