-- ’ R-174

Hon. George Comptroller AS AUSXTN~P. **TEZ~AS** April 22,, 1947

Capitol Station - Austin, Texea OpFnkx~:&,b V&X&
ore:: ~VhQthbb:,the;Ctiptrolleti ma. m&m%!kt~ to pess an4a~.owxt.for payment to, the Rl@hWy ,Depe:rtmmt 

### far rsezicees rende%v?dby it to, the A:uatLn S&ate School for strecrts withkn the school Dear Sir: ground.

Your statement and requeak for an opinion is as follows:

"The IPTghweg-DepaMwnt @s&d to be reimbursed 8.5fbllmrs: "1
. Servic~es of employees of the HighwagDeplrmnt .' "2

. R@e&tin&aI$~&+@ '-guipraent

.

“3

. MeterUl~ kw&&& "Questionr Is there ,ls@l wthorlty for paselng l&is aecaunt In Whole Or in part for payment." Artlcle"6673, V.C.S., ra&dSa8 followsr .-.

Ron. Georeo B. Sheppard - rage 2, v-160

“The Commission iv authorized to take over and nlntaln the various State Highways in Texds, and the counties though which said highways prss shall be iree from any cost, expense or supervision of such highway! D The CommistIion~shall use the automobile rc,gkstmtion fees in the State Highway Fund for the mefnteaance of such highways, and shall divert the sameto no other use unless ~theCommfssion shall be without sufflcient funds f?om other sou1~3esto meet Federal aid to posds.l.n Texas, ,andin such case the Commission is authorized by Pesolutlon to ‘tr+ansfer a sufficient amount from such fund to metoh asid Fedex%1 aId.”

.. Artfcle 6674, V.C.S*, provides in pert as fol-

‘I* * + All money hemsin authorized to be apppOpx4eted for the operetlou of the Department and the purchase of equipment shall be p8i& ircm the Stste Hlghwej Fund, and the reuirde~ of al&d fund shall be expended by the Cwrlsslon for the it&her8nce of publio rcwd oonrtruetion and the establishrcsnt’of a 

### mystemof State hl@kwags as herein provided D ” Article. 6674a,, rsads as follows a

“All maneyr nowor hereeftep deposited in the 3tet.s Trusuzy to credit of the *State, MehuT Fund”, including 011 Federel ’ old moneys deposited to the credit of said fund u&or the terms of the Fed,erel HFghway Act and all oounty rid moneys.depo8ited to the credI.t of said fund under the to-8 of ;hFt;ztsshaU be subject ‘to appropriation 0 pecific **purpose bf**  the improvement of said ay8tem of

’ State Highvays by the Otate Hlghwaj apetitment O’t (Emphasiti added) a hrticle 6674q-5, provides:

. “All money8‘nti or heresfter deposited fn the State’ Treasury to the credit of the

“State Highway **Fund ”**  lncl@.?ing all Federal aid moneydeposited to the credit of saidc

Hon. George R. Sheppard - loge 3, v-160

fund under the tori of the Pederrtl Aid Rlghvrf hbt, shall be subject to raproprlatlon by the Legislature for the 8, oific purpose of the i~p~oveiueut of 88 Ti%Emi of Stmte Highways by the Strte l$IighvryDepartment." (Emph.c318ours). Fromthe above strted atatutea, we therefore conclude that the Nighwry Department ir authorized to expend aozicpyfor the construction or maintenance of the State Hlghvay system only, apd &,enot authorized to build streets within the grswldr of another State Department, viz, the bustin State School.

In Opinion Ho. O-1475, this Bepartwnt held that the Texas Highwry Bepartaeat wrs'wlthout authority to improve the stpeet4 et C~IU# Xt&lOnsit344 the streets did not omprlse 8 part bf the system of highways of thls State. Weare onclosing a copy of thld opinion.

Opinion HO. O-420 of this office held th8t the Hlghvsy Departmeat dld not have the authority to request the Board af Control to puroMss out of highway funds su@plioL wh%ohybr@ te Ireuned for the purpose of sale to otheel*drpart~eats of the $Wdt, a?@ that without a pre-existing lrw one State kporttrent csuld not chrrge another departmeat f(Pr sorvlces rendrrod. We8re enclosing a copy of this eplnlon.

Xe h&v8found BQlrv thet would authorize the HighwayDepartment ta reoofaditioti streets within the Austin State School grounds, and no 18~ that would authorize iiapent to the bapartmsnt for such work out of Austin tote School funds. i?.?!sR The Comptroller ef ?ublic &xounts 1s without rutblerity to pr8& for w)reat (111~ account 

### sfthe I!1p*wry karrtm**t for aervIces rendered by t tb the Amtin State School for streets wlthl8@ the school grounds. 'Yours_very truly

. ATT~,RI'&GENERAL

OFTEXAS

; Asalstant Rhi%/.TMc/dr/lh