,OFFICEOF?tiEATTORNEY GEtiERAL'OFTEXAS 

:, - 853 

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AUSTIN : 

GauroclmIm .~ 

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aonorabls Burl Brit.ts5.n _: '. .' 

Countr Auditor 

opinion ot this depnr 

ma&, ln part, a0 Po 

8 is a aurplue? 

requostlng an 

ap~raci&o your; opinion on this 

followl~~ questionr 

"Can the &X!2l~S~iOn!?~8 Cowt ru-lmburea 

the Road & J3sldge Fund f~orn other Avnilabls 

County Funds in which thera in a ourpluo?" 

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Honorable Burl Brlttaln, Pago 2 

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hhs~10'667411, Vernoi’s Annotated civil statutes, 

i 

rea69, In part, 88 followsr 

I "Whenever, in the judgment of the State. 

Highway Commission, the us0 of acquisition .':;, 

. of any land for road, right of way purposes, ;- 

timber, earth, stone, gravel or other mate- "'. 

Hal, necessary or convenient to any &ad to 

. be constructed, reconstructed, nelntalned, 

videned, straightened or lengthened, or land 

: not 8XC.Sbin& 02-N hundred (LOO) fE& in Width 

for strom bed diversion in connection wlth 

the locritlng, relocating or construction of 

a ileslgnated State Hlghvay by the State Highvay Commission, the 3ama may be acquired by 

purchaee or oondenoation by the Couutg Commlf4slonsrs court. Provided that tho County 

in vhlch the State Rlghvay is located may 

.,' pay for same out OS .tho County Road and 

@ridge Fund, 07 any.available county funds. 

.. I.: 

: ‘Any Cotissioners Court is hereby au- 

.thoMsed td secure by purchase or by oondem- 

~nstion on beh8lf of the State of Fexas, any 

ne’d or wider right of tray or land not exceedSag one hundred (103) feet in width for stream 

bed diversion in connection vlth the locating, 

relocating or construction of a ckslgnated 

State ELighvay, or land Or lands for niaterfal 

or borrov pits, to bo used ln tho construction, 

recoristructlon, or maintenance 0f State Hlghvaya.an~I to pay for the, sams out of the Cou&y 

Road and Bridge Fun&, or out of any special 

road funds or any available county funds. 0 .* 4." 

As ve understand our re&3t, the rlf&t of'va$, b 

question was acquired for t 3: cpurposes mentioned ln Article 

6674n, suppa, atid by virtue of ssld StatutBr.., 

In'reply to the above stated quantlon,. you are advised 

that lt ls.our opinion that the co~lssloncrs' court may 3ecure 

the right of way ln th3 nanner provided by Article 667411, supra, 

and "pay for the same out of the County Road and Bridge Fundk or 

out of any special road fuuds or any av+lable county funds, a8 

stktcd ln Article 66.74ni Holfever, thi3 Statute do)Gs not author123 tho commlsoionc~s' court to transfer money from one constltutlonal fuud to.another, or to expand for on3 purpo30, tax money 

. 
Eon&able Eurl Britialn, Page 3 . 

raised ostensibly for another purpos'e. The C&&it&ion prescribes the mzxiuum rate of taxes for genorsl purposes, for 

roads end bridges, for juries, end for permanent lmproVements, 

reapectlvely. !fhe moneys erislng from taxes lovied ad&collooted for eaoh OS the enumerated purpose3 are constitutional 

'$unds. (Carroll vs. '61'llllams, 202 S. W. 504; Tsx. Jur. Vol. 

11, Psge 609). Ha think the term "available county fun&s" as 

used ln the above mentioned Statute means such Sunds as have 

not been raised,. collected or appropriated for a specific purpose. The comdssloners' court has no legal authority or right 

to reimburse the Road and Bridge Fund Sron any other constltutlonal fund in vhlch thero.ls e surplus or from any other fund 

or funds vhlch have boon raised, collected or appropriated for 

e 3peclslc purpooc. If we have not mede ourselves clear with 

reference to any particular fund, plaase advise us as to vhat 

particular f'und or funds from which It is contemplated, the 

Road end Bridge Fund will be reimbursed. 

In connection with the foregoing v3 direct your attention to our Opinions Eo. O-65, O-413, O-1397 and o-3137, copias 

of vhlch are enclosed for your information. 

BrustZng that the foregoing fully nntisers your inquiryy, 

ve ‘are 

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AW:RS 

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RRCLOSURES 

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Yours 'Yq tru1g 

ATiOW?iY GEHJZP& OF ?RXAS 

&/sd&~+ 

By : 

ATdell Ullllams 

Assistant