E NE-Y GENE 

TEXAS 

Honorable James U. Cross 

Executive Director 

Opinion No. M-902 

Texas Parks & Wildlife Department Re: Ownership of bridge beJohn H. Reagan Building tween Corpus Christi Bay 

Austin, Texas 78711 and the Gulf of Mexico 

adjacent to Mustang 

Island. 

Dear Mr. Cross: 

You have requested our opinion on the ownership of a highway bridge to be built between Corpus Christi Bay and the Gulf 

of Mexico over a fish pass through Mustang Island. 

In Attorney General's Opinion M-721 (1970), it was held 

that the bridge in question could be built through an interagency contract between the State Highway Department and the 

Parks and Wildlife Department. Paragraph 8 of the Agreement 

attached to your request provides: 

"The bridge, approaches and pavement constructed hereunder shall be the property of the 

Highway Department and shall be the responsibility of the Highway Department for normal 

maintenance. However, in the event of the 

destruction of or serious damage to the entire 

bridge, or any portion thereof, including the 

approach embankments and pavement, because of 

tidal or storm flow through the water exchange 

channel, the Parks and Wildlife Department will 

replace or repair the bridge to the satisfaction 

of and at no expense to the Highway Department." 

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Honorable James U. Cross, page 2 (M-902) 

Article 6674q-4, Vernon's Civil Statutes, provides: 

"All further improvement of said State Highway System shall be made under the exclusive and 

direct control of the State Highway Department and 

with appropriations made by the Legislature out of 

the State Highway Fund. Surveys, plans and specifications and estimates for all further construction 

and improvement of said system shall be made, prepared and paid for by the State Highway Department. -.." 

In Attorney General's Opinion R-1930 dated December 14, 

1949, it was held: 

"It is, therefore, our opinion under the 

facts submitted that the building of this bridge 

to replace the highway and to cover the channel to 

be dredged is a necessary incident to and part of 

the construction and maintenance of passes leading 

from one body of tide-water to another, and the 

cost of constructing such bridge may be paid out 

of money appropriated to the Game, Fish and Oyster 

Co~mmission by the Legislature for the purpose of 

construction and maintaining these,passes. 

"One further question remains and that involves the duty of maintenance once the bridge is 

constructed. It is our opinion thatonce the bridqe 

,.~had been built,~by the Game, Fish and Oyster Commission and accepted by the State Highway Department 

as a part of the State system, the maintenance 

thereof is the duty of the State Hishwav Commission. 

Article 6674q-4, V.C.S." 

Following Attorney General's Opinion R-1930, supra, 

it was held in Attorney General's Opinion No. M-721, supra, 

that the bridge in question will become a part of the highway 

system and that it is the duty of the Highway Department to 

maintain such bridge. You are accordingly advised that since 

the bridge in question becomes a part of the highway system, 

ownership of such bridge is in the State of Texas. You are 

further advised that once the bridge has been built and accepted 

by the State Highway Department as a part of the State system, 

the maintenance thereof is the duty of the State Highway 

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Honorable James U. Cross, page 3 (M-902) 

Commission. Article 6674q-4, V.C.S.: Attorney General's Opinions 

R-1930 (1949) and M-721 (1970). 

SUMMARY 

Once the bridge between Corpus Christi Bay 

and the Gulf of Mexico adjacent to Mustang Island 

is accepted by the Texas Highway Department such 

bridge comes a part of the State highway system 

owned by the State of Texas. Article 6674q-4, 

V.C.S.; Attorney General's Opinions R-1930 (1949) 

and M-721 (1970). 

/- 

Very,itruly yours, 

C. MARTIN 

Prepared by John Reeves 

AssistantAttorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Houghton Brownlee 

Jerry Roberts 

Pat Bailey 

Fisher Tyler 

MFADE F. GRIFFIN 

Staff Legal Assistant 

ALFRED WALKER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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