WILL WILBON 

AwroRNEYaENERAL 

AUWXTN aa. - 

December 5, 1962 

Hon. Bradley C. Miles 

County Attorney 

Taylor County Courthouse 

Abllene, Texas 

Opinion No. ~~-1486 

Re: Whether or not a 

Is authorized to 

county funds for 

trical power and 

County 

expend 

electhe maintenance 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 

or U. S.'Hlghway fi 

hway involved js Interstate 20, 

0, 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 desirous of obtaining Safety Lighting fixtures near entrance and exit ramps along said Highway, in and 

near the City of Abilene. The State Highway Commission 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 lighting 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 specifications 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 subdivisions 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 Commissioners 1 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 hlghways 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 System, in Austin." 
Hon. Bradley C. Miles, page 3 (:1W-1486) 

It was stated in Attorney General's Opinion No. V-1514 

that the holding,,in Atto:rney General'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 designated State Highway :ysten and (2) that Article 6674q-4, posltively proh-ibits any further improvement of any part of the designated State Highway System and with the aid of or with any funds 

furnished by a county, except in the acquisition of rights-ofway. . . 

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 IJ MM 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, outside of city limi.ts, along a designated State highway. 

Yours very truly, 

WILL !!II,.SON 

P.ttorney General of Texas 

0LB:wb:mkh 

APPROVFD. 

ODINION COMMITTEE 

Howard !,I May?, Chairman 

Cecil Rdtsch 

Jack Goodman 

Dudley McCalla 

REVIEdED FOR THE ATTORNEY GENERAL 

BY: Leonard Fassmore