E NE-Y 

## GENE TEXAS

Honorable James U. Cross Executive Director Opinion No.M-902
Texas Parks &Wildlife Department Re: Ownership ofbridge beJohn H. Reagan Building tween Corpus Christi Bay Austin, Texas 78711 and theGulf of Mexico adjacent toMustang Island. Dear Mr. Cross:
You have requested our opinion on the ownership of ahighway bridge tobe built between Corpus Christi Bay and theGulf of Mexico over a fishpass through Mustang Island.
InAttorney General's Opinion M-721 (1970), itwas held that the bridge inquestion could be built through an interagency contract between the State Highway Department and the Parks andWildlife Department. Paragraph 8 of theAgreement attached toyour request provides:

"Thebridge, 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 andpavement, because of tidal or storm flow through thewater exchange channel, the Parks and Wildlife Department will replace or repair thebridge to the satisfaction of and at no expense to the Highway Department."

-4394-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 forby the State Highway Department. -.."
InAttorney General's Opinion R-1930 dated December 14, 1949, itwas held:

"It is, therefore, our opinion under the facts submitted that thebuilding of this bridge to replace thehighway and to cover the channel to be dredged is anecessary incident to and part of the construction andmaintenance ofpasses 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~mmissionby the Legislature for the purpose of construction and maintaining these,passes.
"One further question remains and that involves the duty ofmaintenance once the bridge is constructed. It isour opinion thatonce the bridqe ,.~had been built,~bythe Game, Fish and Oyster Commission and accepted by the State Highway Department as apart of the State system, themaintenance thereof is the duty of the State Hishwav Commission. Article 6674q-4, V.C.S." Following Attorney General's Opinion R-1930, supra, itwas held inAttorney General's Opinion No. M-721, supra, that thebridge inquestion will become apart of thehighway system and that it is the duty of the Highway Department to maintain such bridge. You are accordingly advised that since the bridge inquestion becomes apart of thehighway system, ownership of such bridge is in the State of Texas. You are further advised that once thebridge has been built and accepted by the State Highway Department as apart of the State system, the maintenance thereof is the duty of the State Highway -4395-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 thebridge between Corpus Christi Bay and theGulf ofMexico adjacent toMustang Island isaccepted by theTexas Highway Department such bridge comes apart of the State highway system owned by the State ofTexas. Article 6674q-4, V.C.S.; Attorney General's Opinions R-1930 (1949) and M-721 (1970). /- Very,itrulyyours,

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

-4396-