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 constructbuildings, in connectionwith the b:lild';ng of highways witholltsupervision 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 continuousprogram of designingand constrActing a system of State Highways including thosebuildings deemed necessary by the Highway Commission for the accomplishmentof this purpose.

The appr~spr.~,~%tioris foA,the Hiyhwdy i'ep~rtment for rn~y yeA.rs have provided the:, + thenoney dppropri~&ted is for est.ib-. lishing,planning, constructingand maintaining a system of Stite Highways as contemplated tindset 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 abovementioned re:lds:is

: "The term"hi~ghway' 5s used in this dct shall include any pzblic road or thoroughfareor section.thereof ::lnd

any bridge, culvert or other necessary structure appertaining thereto?- The statutes abovementioned have been interpreted for approximately thirtyyears by the HighwAy Department 1s giving it full and exclusive illthority to do zil of the thingsnecessary for the cnnstructionand maintenance of the Highway system. This constructionw‘ls made by the Highway Department in view of the two decisions of the Attorney General hereinafter mentioned.

You submit the followingrequest:. - 4

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

"Since the constructionof necessary service buildings Is an Importantaspect of our highway pro@;rm, we would appreciateyour advice as to whether or not the Highway Commissionhas the authority to do all thingsnecessary to theplanning, contractingand constructingof buildings which are necessary to the constructionand maintenance of the State Highway System without the supervision or approval of any other State agency or department. The only statutes involved in answeringyour 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 constructedby the Highway Department which are constructed in connectionwith and incidental to the constructionof highways. Such statutes are intended to apply to those buildingswhich are authorizedby law to be constructed as a public building and for which appropriation ismade and which are for the general use of the public and do not apply to such buildings as the Highway Departmentmay deem necessary to constructunder its power to constr.uct highways. It certainly cannot be said that if the Highway Departmentwhile constructing a highway, or being engaged in planning and designing a system of highways, shouldneed 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 abovementioned 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 constructinga State Highway system.

AS early as August 22, 

### 1928,and as late as 1953 (OpinionS-105) the Attorney General has held that the Highway Department has authority to constructbuildings as abovementioned in furtherance of public road constr,uction and the establishmentof the system of State Highways. For approximately thirtyyears 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 constructedby the Highway Department.

We see no reason to overrule either of the prior decisions by this departmentand the long departmental construction of thematter.Mr. D. C. Greer, page 

### 3 (W-237)

You are, therefore,advised that the Highway Commission has the authority to do all thingsnecessary to the planning, contractingand constructionof buildings which are necessary to the constructionand maintenance of the State Highway systemwithout the supervision or approval of any other State agency or department.

SUMMARY The Highway Commissionhas the authority to do all things necessary to the planning, contractingand constructionof buildingswhich are necessary to the constructionand maintenance of the State Highway systemwithout 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