Honorable Aileen Mitchell ; 

County Auditor, Fort Rend Cbunty 

Richmond, Texas 

' 

- 

Dear Madam: OpinLon Ro. O-6834 

Re: Whether the Colmnissioners' Precinct or 

County.can issue emergency warrants to 

cover the cost of a right-of-way for 

building a farm-to-market road by the 

State and Federal Government; and 

whether this would be consldered a 

Apermanent 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'emergency warrants to cover the cost of 

.__ 

'. 

. . . the:kpunchase of.~rS.ght. ofway for the building of farm&o 

market roads by the State .and Federal Government, and 

whether.thls would.be consadered permanent improvement, and. " 

also whether the aounty would have authority to issue these 

.warrants. +* *" 

In your request you ask ,three questions and~we will 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 .statutes and 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-way and 

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-036 systen'and must be paid from the Count::'s Roed nnd RrSc:se 1?und, ::I" 

cannot be paid.'out of tiie Permanent Llrproveaent Pund. Carrnl Y'; W!.lliams, 

202 S.W. ~534. 
the purchase of rights-of-way for,the bililding _ 

of farm-to-market roads by the State and Federal 

Qovernments. 

for in Artic 

The public policy relating to farm-to-market rends is Provided 

lee 6673-c, j.Vernon's Annotated Civil Statutes, w;lich we quote: 

"Section 4. The State Highway Commission is authorized to designate any county road In the State as a~ 

farm-to-market roajd 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 shall pass and enter in itsminutes an 

order waiving any.rights such county may have for participation by the state in any indebtedness incurred by the 

,county in the construction of such county road; and provided further that the State Highway Commission and the 

Commissioners Courtof.%he county in which any such raod 

is located may en%er Into ,a contract that shall set forth 

the duties of the state in the construction, reconstruction, and mainterqance of the county road in consideration 

T of the county ax-d/or road district relinquishing any and 

all claims for state participation in any county, road 

district, or defined road district bonds, warrants, or 

other evidences of indebtedness outstanding against.such 

road for the construction or improvement of the road before being*$signated bgthe 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.the assumption by the state of the obl&ation to construct:'and malntaln such roads designated by the 

State HIghway Commission as farm-to-market roads under,the 

,provisions of this Act constitutes fulLand complete compansation for any and all funds that might have &en expended by any county, qoad district, or defined road dis- 

.~ trict in the construction and maintenance of said road prioz 

to its designation by the'State Highway Commission as a farmto-market road. '*.* * *" . 

. . 

Article 6674n,~ Vernon's Annotated Civil Statuteq.is the 

s&utary authority authorizing the county to purchase highway rlghtsof-way and we quote, in Part, from said article: 

"Whenever, in the'judgment of the State Highway 

Commiss5on, the use 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, 

straightened or lengthened, or ,land not exceeding one 

hundred (103) feet in width for stream bed diversion in.. .* 

connectIon with.the locatling, relr\Cating or cpnst~ctjon 

of a des%gneted St&e Highway by the Sta~te HighWa:7 Come 

mission, the same may be ac'quired by purchase or condemnationby the County CommLssioners- Court. Provided .that 

the County ir, which the State .Higimay is located mar 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 connection with the locating, reldcating or 

construction of a. designated State Highway, or iiand or 

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~d funds or any 

available county funds. 

Since the Commissioners' Court has 

purchase rights-of-way, the Commissioners' 

the statutory 'authority to 

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 ~of Articles 2368a. 

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 .protection of 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