HonorableAileenMitchell ;

County Auditor,Fort Rend Cbunty Richmond, Texas ' - Dear Madam: OpinLon Ro. O-6834
Re: Whether the Colmnissioners' Precinct or County.can issue emergencywarrants to cover the cost of a right-of-way for building a farm-to-marketroad by the State and Federal Government;and whether thiswould be conslderedaApermanent improvement. This in reply to your request dated September 

### 18, lgbs,which request reads as follows:-

"The quest%on has arisen whether the Co%nnission&s~ Precinct can issue'emergencywarrants to cover the cost of .__ '.

. .. 

### the:kpunchase of.~rS.ght.

ofway for the building of farm&o market roads by the State .andFederal Government, and whether.thls

### would.beconsaderedpermanentimprovement, and. " also whether the aounty would have authority to issue these .warrants.+* *"

In your request you ask ,threequestions and~wewill answer them in the order 1n;whlch they appear,tberein.

1. Can a.C6&ssioners1 precinct issue emergency

. warrants to.cover.the cost of the purchase of rights-of-way for the building of farm-tomarket roads by the.State snd Federal Govern- .ments?
We have searched the .statutesand Constitution of this State and have been unable to find anv authorization for a commissioners.'urecinct tolssue any

2. kind of warrants. Whetheremergency warrants can be issued for the purpose of purchasing rights-of-wayand be paid from the Permanent Improvement Fund.
The nurpose of rights-of-way of publ:.c r&d s is i+

p;rt :J? the Z-036systen'andmust be paid from the Count::'s Roed nnd RrSc:se1?und,::I" cannot be paid.'out of tiie Permanent Llrproveaent Pund. Carrnl Y';

W!.lliams, 202 S.W. ~534.thepurchase of rights-of-way for,the bililding

_ of farm-to-marketroads by the State and Federal Qovernments.

for in ArticThe publicpolicy relating to farm-to-marketrends is Provided

lee

### 6673-c,

j.Vernon's

Annotated Civil Statutes,w;lich we quote: "Section4. The State Highway Commission is authorized to designateany county road In the State as a~ farm-to-marketroajd for purposes of construction,recon- : struction, and maakenance drily, provided that the Corn-- missioners Court& the county in which any such County road is located shallpass and enter in itsminutes an order waiving any.rights such countymay have for participation by the state in any indebtedness incurredby the ,countyin the constructionof such county road; and provided further that the State Highway Commission and the CommissionersCourtof.%he county in which any such raod is locatedmay en%er Into ,acontract that shall set forth the duties of the state in the construction,reconstruction, and mainterqance of the county road in consideration Tof the county ax-d/or road district relinquishingany and all claims for state participation in any county, road district, or defined road district bonds, warrants, or other evidences of indebtednessoutstandingagainst.such road for the constructionor improvementof the road before being*$signatedbgthe State Highway:Commiss~on. 'i - ,- .‘.

. . *. "Sec. 2. It & hereby de&red to.be the policy. of . nonoraolc Hlleen ItiitchcJ.1, page 2 (Copy) O-U&j4 .,

the state that.theassumptionby the state of the obl&ation to construct:'and malntaln such roads designatedby the State HIghway Commissionas farm-to-marketroads under,the ,provisions

of this Act constitutes fulLand completecompansation for any and all funds that might have &en expended by any county,qoad district, or defined road dis-
.~ trict in the constructionand 

### maintenanceof said road prioz

to its designationby the'StateHighway Commission as a farmto-marketroad. '*.** *"

. . . Article 

### 6674n,~

Vernon's Annotated Civil Statuteq.is the s&utary authorityauthorizing the county to purchase highway rlghtsof-way and we quote, in Part, from said article:

"Whenever,in the'judgment of the State Highway Commiss5on, theuse or acquisition of any land for road, right. of way purpPses, timber, earth, stone, gravel or .other material, nec.essary or convenient to any road to be constructed,reconstructed,maintained,widened, straightenedor lengthened, or ,landnot exceeding one hundred (103) feet inwidth for stream bed diversion in.. .* connectIonwith.the locatling, relr\Cating or cpnst~ctjon of a des%gneted St&e Highway by the Sta~te HighWa:7

Come mission, the samemay be ac'quired by purchase or condemnationby the County CommLssioners- Court. Provided .that the County ir,

which the State .Higimayis locatedmar P3Y for .same out of the County Rozd and Br'l.dse filno;'or

an:? a,r:*ilahle

tiountyv fundz.Honorable Aileen Ivlitchell, Page 

### 3 o-6834

"Any Commissioners Court is hereby authorized to secure: by purchase or by condemnation on behalf of the State of Texas, any new or wider right of way or land not exceeding one hundred (100) feet in width for stream bed diversion in connectionwith the locating, reldcating or construction of a.designated State Highway, or iiandor lands for material or borrow pits, to be used ) the construction, reconstruction or maintenance of Sts&e Highways and to pay for the same out of the County Road and Bridge Fund, or out of fny special roa~dfunds or any available county funds.

Since the Commissioners' Court has purchase rights-of-way, the Commissioners' the statutory 'authorityto Court has the implied authority to issue interest bearing warrants for the purpose of purchasing rightsof-way. Lassiter v. Lopez, 217 S.W. 

### 373. The manner of issuing said warrants is controlled by the provisions ~ofArticles2368a.

In your request for an opinion you do not state any facts from which this department can determine whether the county would be authorized to issue emergency warrants: 5 of Article 2368a, provides as follows: Tne secondiparagraph of Section

"Provided, that in case of public calamity caused by fire,.flood, storm, or to protect the public health, or in case of unforeseen damage to public property, machinery or equipment, the Commissioners' Court of the ' Boverning bodymay issue such time warrants as are necessary to provide for the immediate repair, preservation or .protectionof public property and the lives and ,health of the citizens of such county or city, irrespective of the limitations contained in this Section and the restrictions imposed by Sections 2,,3 and 4 hereof."

If the purpose for wh~ich you desire to issue emergency warrants comes within the above quoted statute, then the county would be authorized to issuesaid warrants. .,. Yours very truly,
ATTORNEY GENERAL OF TEXAS By s/ R.J. Long R.J. Long Assista.nt
RJL:EP:wc
APPROVED OCT 18, 1945 s/ Ca~rlos

C. Ashley FIRST ASSISTANT AlTORNEY GENERAL