PRICE DANDZL .. 

AUSTIN m;Tizs~e ‘~ 

_. 

.s-ro~~IIN oEN-*L 

Juiy 16, 1952 

.: 

Hon. Austin F...Anderson :'-'~ 

Criminal D'$strict Attorney Opinion NO...V-1478 

Bexar County 

San Antonio 5, Te,Faa I. Re:".Aut&rity~df the Commiss~loners’ Court of 

.Beliar County to erect 

traffio control devices 

Dear Sir: on cou&y.roads. 

We.refer.to your r@quest In which you ask:. 

: "D&s the Commlssloners Court of Bexar 

County, !l?exas have the authority to erect 

traffic control devices?i". .~ 

We kriow of no lati,.a&ho*lzlng the Commlssioners' Court of BexarCounty to erect traffic control 

devices q-i county roads. ~. 

It Gas held In Attorney Qenerails.Oplnlon 

V-429 (1947) that the c~o~&sloners' court did not have 

authority to pass an prder regulating traffic In the 

county, affixing a penalty for violation oi' such regula- II _- 

The pertinent part OP House Sill 458, Acts 

52nd'Leg., R.S. 1951, ch.~ 346,. p...589(Sec.: 8 of.Art. 

827a, V.P.C.),, Is as follows: .~, 

"Subsection 2. ~Authority of.State Iiighway Commissj.on to alter prima-facie'tipeed 

llmits.~ (a) Whenever:the' Stat& Highway Commission shall determine upon the; basls~ of an 

engineering and traffic investigation that' 

any prima-facie;.speed herelnbefore set.forth 

is greater or lese than Is reasonab+or safe 

under then conditions found ,to existiat, any 

intersection or other plaae or uponany part 

of a highway,~taklng lnto~consideratlon the 

width and condition of the pavement and other 

circumstances on.such portion of said highway, as well as the uiiual traffic thereon, 
Hon. Austin F. Anderson, page 2 (V-1478) 

Said,State Highway Commission may determine 

and declare a reasonable and safe prima- 1 

facie speed limit ther.eat or thereon by ',Y 

proper order of the Commission entered on 

its Minutes, ~wh,lch shall be effective at ! 

all times or during hours of~dayllght or 

darkness, or at such other times a8 may 

be determined when appropriate signs givving notice thereof are erected at such 

intersection or other place or partof highway, except, that said State Highway Commission 

shall not have the authority to modify or 

.. alter the baslc'rule set forth in subsect$on 

1 '(a) .nor'to authorize by a.CommlsslonMinute'speeds for any alass of vehicle In excess of'the maximum value8 herelnbefore set 

forth for Said class of vehicle in subsection 1 (!I, payagrai+s (2); (31, and,(4). 

"(6) 

mm5iF 

e authority of 'the State Highway Co : ~.slon to alter prima-facie speed 

ll~tsshall be restricted to highways, 

roads; or- streets ~offlcla~ly deslgnated by 

the State Highway Commission as's part of 

the State Highway,System and which are not 

'&thin the l++te.of'e+ in6,orporated Flty 

Or town. 

"'~'"Subsectfon 3;. Authority of 'County' ". 

' Co~~s'sfolier~.'Courts'~d governing bodies 

of,incorporated cities and towns to alter 

prima-facie speed llmlts. (a) !l?he.County 

Cominiss1oner.s Court of any county.wlth respect 'to county highways or roads outslde~~ 

the limits of right-of-way of any officially designated highway, road, orstreetof 

the State Highway System and outslde the 

limits ofan.ln$,orporated city or, town shall 

have the same authority by Order of the $out-ity CommJs,slo,ners Court entered upon its records:to alterprlma~fac~le speed llmd.ts~,upon 

the .bas$s oft any engineeringand trafflo investigatfon as that'delegated'to the State 

Hlghjvay~Commisslon wlth,respeat to any of+ 

flcially:des$gnated ~Wghway; road,'Er 

streetof the:State.Hlghway System. 

_;. 

E&se &11'~458 is .a penal s,tatute. snd~penal 

statutes must be 'strictly.'~,Cohritr.ued. State~'exrel. 

Shobk vi all Texas Racking Asa'n.128 Tex.~ 384, 97 S.W. 

2d 669 (l936), 
5. ” 533, 

. Hon. Austin F. Anderson, page 3 (V-1478) 

.Under this Bill the'commissi.oners' court Is 

authorized to regulate'the speed on county roads outside the corporate limits of cities and towns... In other 

words it has the same power in.the way of regulating 

speed on the county roads'outside the corporate limits 

of cities and townsas -the Highvtay Commission has In 

regulating speed on.state highways. However, the Highway Commissiondoes not derive~its power from.House 

Bill 458 (Sec. 8 of Art. 827a V.p.C.) to erect control 

devices on state highways. That power isgiven the 

Highway Commission under the provisions of Article 

827e V.P.C. and Article 111 of the Uniform Traffic 

Code (Art: 6701d V.C.S.). We therefore agree with you 

that although House Bill 458 authorizes 'the Commlssloners~ 

Court to regulate the speed on county road8 outside the 

corporate limits of cities and towns there is no authority for the Commissioners' court of Bexar County to 

erect control devices on County roads. 

We believe that the above result is supported \' 

by the fact that the same Legislature in passing House 

Bill 207 Acts of the 52nd Leg. R. S. 1951 ch. 302 p: 

483 (Art. 67Olg V.C.S.) in addition to giving the Commissioners' Courts In counties having a population of 

600,000 or more power to regulate speed on county roads, 

SpeCIfIcally authorized 'them to erect traffic control 

devices on county roads under their jurlsdlatlon. This 

clearly.indicates that the Legislature rehognized that 

the power to erect traffic control devices did not exist 

in the dommissioners' courts in such counties absent 

this provision. However since Bexar county has a population of only 500,460 according to the 1950 Federal census 

House Bill 207 has no application to It. 

House Bill 458 Acts of the 52nd Le 

R. S. 1951 ch. 346 p. 589 (Sec. 8 Art. 8' 27a 

V.P.C.) authorizes the commlssioners' court 

to regulate the speed on county roads outside the corporate limits of citd.es and 

towns. However, the Legislature has not 

authorized the commissioners' court of a 

county having a population of less than 

600,000 inhabltants to erect traffic con- 

.trol devices on county roads. 
534 Hon. Austin F. Anderson, page 4 (V-1478) 

Yours very truly, 

APPROVED: .pRICE DANIEL 

Attorney General 

J. C. Davis; Jr1.y 

County'Affalrs DWlslon 

E..Jacobson '.~ 

Reviewing Assistant 

Charles' D.. Mathews 

Fir&k Assistant : 

. 

BA:am