-- ’ 

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 

an 4a~.owxt.for payment 

to, the Rl@hWy ,Depe:rtmmt far rsezicees rende%v?d by 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 8.5 fbllmrs: 

"1 . Servic~es of employees of the 

Highwag Deplrmnt .' 

"2 . R@e& tin &a I$ ~&+@ '-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&dS a8 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 same to no other use unless ~the Commfssion shall be without sufflcient funds f?om other sou1~3es to meet Federal aid to posds.l.n Texas, ,and in 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 mystem of State hl@kwags 

as herein provided D ” 

Article. 6674a,, rsads as follows a 

“All maneyr now or 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 money deposited to the credit of said 
c 

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$Iighvry Department." (Emph.c318 ours). 

From the above strted atatutea, we therefore 

conclude that the Nighwry Department ir authorized to 

expend aozicpy for the construction or maintenance of the 

State Hlghvay system only, apd &,e not 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&lOn sit344 the streets 

did not omprlse 8 part bf the system of highways of 

thls State. We are 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%oh ybr@ te Ire uned 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. We 8re enclosing a copy of this eplnlon. 

Xe h&v8 found BQ lrv thet would authorize the 

Highway Department ta reoofaditioti streets within the 

Austin State School grounds, and no 18~ that would 

authorize 

ii 

apent 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 sf the I!1 

p* 

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 OF TEXAS 

; Asalstant 

Rhi%/.TMc/dr/lh