THEi Y GENERAL 

OFTEXA~ 

Mr. D. C. Greer 

State Highway Engineer 

State Highway Department 

Austin, Texas 

Opinion No. WW-237 

Re: Does the Highway Commission have the i.i?thor <~ty 

to pl:?n, contrAct for, .:nd 

construct buildings, in 

connection with the b:lild';ng 

of highways withollt supervision or .;p!rovz!i of ,ny 

other Skte Agency or DeDear Mr. Greer: ~ztment? 

We have your letter in which the pertinent facts ,re 

substantially stated by you as follows: 

For more thin thirty years the HighwLiy~ Dep;rtment hss 

been engaged in a continuous program of designing and constrActing a system of State Highways including those buildings deemed 

necessary by the Highway Commission for the accomplishment of 

this purpose. 

The appr~spr.~,~%tioris foA, the Hiyhwdy i'ep~rtment for rn~y 

yeA.rs have provided the:, + the noney dppropri~&ted is for est.ib-. 

lishing, planning, constructing and maintaining a system of 

Stite Highways as contemplated tind set forth in Chapter 1, T!,- 

tie 116, R.C.S. and :hapter 186, ,":cts of the 39th Legislature 

kE?, 

Section 1 of the 1925 Act above mentioned re:lds :is 

: 

"The term "hi~ghway' 5s used in this dct shall 

include any pzblic road or thoroughfare or section.thereof ::lnd any bridge, culvert or other 

necessary structure appertaining thereto?- 

The statutes above mentioned have been interpreted for 

approximately thirty years by the HighwAy Department 1s giving 

it full and exclusive illthority to do zil of the things necessary for the cnnstruction and maintenance of the Highway system. This construction w‘ls made by the Highway Department in 

view of the two decisions of the Attorney General hereinafter 

mentioned. 

You submit the following request: 
. - 

4 

Mr. D. C. Greer, page 2 (WW-237) 

"Since the construction of necessary service 

buildings Is an Important aspect of our highway 

pro@;rm, we would appreciate your advice as to 

whether or not the Highway Commission has the 

authority to do all things necessary to the planning, contracting and constructing of buildings 

which are necessary to the construction and maintenance of the State Highway System without the 

supervision or approval of any other State agency 

or department. 

The only statutes involved in answering your request 

are Chapters 4 and 5 (Articles 665-687), Title 20, V.A.C.S. 

which create a Public Buildings and Grounds Division (Chapter 

4) and a Division of Design and Construction (Chapter 5) of 

the Board of Control. These statutes are not, in our opinion, 

applicable to buildings constructed by the Highway Department 

which are constructed in connection with and incidental to the 

construction of highways. Such statutes are intended to apply 

to those buildings which are authorized by law to be constructed 

as a public building and for which appropriation is made and 

which are for the general use of the public and do not apply to 

such buildings as the Highway Department may deem necessary to 

construct under its power to constr.uct highways. It certainly 

cannot be said that if the Highway Department while constructing a highway, or being engaged in planning and designing a 

system of highways, should need an outhouse or a small building 

for storing tools would be required to have the Board of Control design such building as mentioned in Article 681, V.A.C.S. 

and other provisions of the above mentioned Title. The same 

would apply to any building such as one for the storing of materials, machinery, office supplies, or work space for the employees while engaged in the work of constructing a State Highway system. 

AS early as August 22, 1928, and as late as 1953 

(Opinion S-105) the Attorney General has held that the Highway 

Department has authority to construct buildings as above mentioned in furtherance of public road constr,uction and the establishment of the system of State Highways. For approximately 

thirty years this has been done and neither the Board of Control 

nor any other agency has ever taken or assumed the authority to 

supervise or design any buildings so constructed by the Highway 

Department. 

We see no reason to overrule either of the prior decisions by this department and the long departmental construction of the matter. 
Mr. D. C. Greer, page 3 (W-237) 

You are, therefore, advised that the Highway Commission has the authority to do all things necessary to the planning, contracting and construction of buildings which are 

necessary to the construction and maintenance of the State 

Highway system without the supervision or approval of any other 

State agency or department. 

SUMMARY 

The Highway Commission has the authority to 

do all things necessary to the planning, contracting and construction of buildings which are 

necessary to the construction and maintenance of 

the State Highway system without the supervision 

or approval of any other State agency or department. 

General of Texas 

HGC:pc 

APPROVED: 

OPINION COMMITTEE: 

J. C. Davis, Jr., Chairman 

Wm. R. Hemphill 

Marvin R. Thomas, Jr. 

Ralph R. Rash 

REVIEWED FOR THE ATTORNEY GENERAL 

BY: 

Geo. P. Blackburn