WILL WILBON

AwroRNEYaENERAL **AUWXTN aa.**  **-** December 5, 1962

Hon. Bradley C. Miles CountyAttorney Taylor County Courthouse Abllene, Texas Opinion No. ~~-1486
Re: Whether or not a Is authorized to county funds for tricalpower and County

expendelecthe maintenance of safety lighting fixtures erectedby the State, outside of city limits, along a designated Dear Mr. Miles: State highway.

In your letter requestingan opinion of this office, you state the following facts:

1, .TheHI or U. S.'Hlghway fi hway involved js Interstate 20, 0, which traversesTaylor County fromWest to East. According to the Interstate Program,bypasses around cities and towns are being constructed,and such a bypass has been constructed aroundAbllene, Taylor County, Texas. It Is our understandingthat 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 understandingthat the Municipalityand/or County will pay for the electricityand 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: "TheCommisslon is authorized to take over and maintain the various State Highways in Texas and the counties throughwhich saidhighways 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 suchhighways, and shalldivert 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 authorizedby resolution to transfer a sufficientamount from such fund to match said Federal aid." (Emphasisadded) Article 6674q-4, reads in part: "All further improvement of said State Highway System shallbe made under the exclusive and direct control of the State Highway Departmentand with appropriationsmade by the Legislature out of the State Highway Fund. Surveys, plans and specifications and estimates for all further constructionand Improvement of said system shallbe made, prepared and paid for by the State Highway Department. No further improvement of said system shallbe madr with the aid of or with any moneys furnishedby the counties except the acquisition of right-of-ways which may be furnishedby 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 throughwhich statehighways pass are free from any cost, expense, or duty of supervision in respect to those highways.

. . ." ,InAttorney General's OpinionNo. 0-157'6 (1939), it was held that a Commissioners1Court could not appropriatemoney to pay the lightbill that would be incurredby maintaining two electric traffic lightsat two intersectionsof two statehlghways Intersectingwithin the county,

Attorney General's Opinion No. V-1115 (1950)holds: "TheCommissioners'Court of Travis County, Texas, is not authorized to issue bonds for the purpose of widening and improvingCongress Avenue bridge, an integralpart of the State Highway System, in Austin."Hon. Bradley C. Miles, page 3 (:1W-1486)

It was stated inAttorney General's Opinion No.V-1514 that theholding,,in Atto:rney

General's Opinion No.V-1115 set out above,

. . .wasbased 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 improvementof any part of the designated State Highway System and with the aid of or with any funds furnishedby a county, except in the acquisition of rights-ofway. . . In view of theprohibitions contained in Articles 6673 and 6674q-4,Vernon's Civil Statutes, and the holdings in Attorney General's Opinions Nos. o-1576 andV-1115, which we now reaffirm, we are of the opinion thatyour inquirymust be answered in the negative. Pleaseaccept 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 electricalpower and the maintenance of safety lighting fixtures erectedby the State, outside of city limi.ts, along a designated State highway. Yours very truly,
WILL !!II,.SON P.ttorney General of Texas

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APPROVFD. ODINION COMMITTEE Howard !,IMay?, Chairman Cecil Rdtsch Jack Goodman Dudley McCalla REVIEdED FOR THE ATTORNEYGENERAL BY: Leonard Fassmore