PRICE DANDZL

.. **AUSTIN m;Tizs~e**  **‘ ~** 

_.
.s-ro~~IIN oEN-*L Juiy 16, 1952

.:

Hon. Austin F...Anderson :'-'~ Criminal D'$strict

Attorney OpinionNO...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.toyour 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 regulatingtraffic In the county, affixing a penalty for violation oi' such regula- II_-

The pertinentpart 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: .~,
"Subsection2. ~Authority of.State Iiighway Commissj.on

to alter prima-facie'tipeed llmits.~

(a) Whenever:the'

Stat& Highway Commission shall determineupon the; basls~ of an engineeringand traffic investigation that' any prima-facie;.speed herelnbeforeset.forth is greater or lese than Is reasonab+or safe under then

conditionsfound ,toexistiat, any intersectionor other plaae or uponany part of a highway,~taklng lnto~consideratlon the width and conditionof 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 Commissionmay determine and declare a reasonableand safe prima- 1 facie speed limit ther.eat or thereon by ',Y proper order of the Commissionentered on its Minutes,

~wh,lch shall be effectiveat ! all times or during hours of~dayllghtor darkness,or at such other times a8 may be determined

when appropriatesigns 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'ruleset forth in subsect$on 1 '(a) .nor'to authorizeby a.CommlsslonMinute'speeds for any alass of vehicle In excess of'the maximum value8 herelnbeforeset 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-faciespeed ll~tsshall be restricted to highways, roads; or-

streets

~offlcla~ly

deslgnatedby the State Highway Commissionas's part of the State Highway,System and which are not '&thin the l++te.of'e+ in6,orporated Flty Or town. "'~'"Subsectfon

3;. Authorityof 'County' ". 'Co~~s'sfolier~.'Courts'~d governing bodies of,incorporated

citiesand towns to alter prima-faciespeed llmlts. (a) !l?he.County Cominiss1oner.s Court of any county.wlthrespect 'tocounty highways or roads outslde~~ the limits of right-of-wayof any officially designatedhighway, road, orstreetof the State Highway System and outslde the limits ofan.ln$,orporated city or,

town shall have the same authorityby 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 investigatfonas that'delegated'to the State Hlghjvay~Commisslon wlth,respeatto any of+ flcially:des$gnated ~Wghway; road,'Er streetof the:State.Hlghway System. _;. E&se &11'~458 is .apenal s,tatute. snd~penal statutesmust be 'strictly.'~,Cohritr.ued. State~'exrel. Shobk vi all Texas Racking Asa'n.128Tex.~

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 authorizedto regulate'thespeed 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

Commissionhas In regulating speed on.statehighways. However, the Highway Commissiondoes not derive~itspower from.House Bill 458 (Sec. 8 of Art. 827a V.p.C.) to erect control devices on state highways. That power isgiven the Highway Commissionunder the provisionsof Article 827e V.P.C. and Article 111 of the UniformTraffic Code (Art: 6701d V.C.S.). We thereforeagree with you that althoughHouse 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 Legislaturein 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 populationof 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 rehognizedthat the power to erect traffic control devices did not exist in the dommissioners' courts in such countiesabsent this provision. However since Bexar county has a population of only 500,460 accordingto the 1950 Federal census House Bill 207 has no applicationto It.

House Bill 458 Acts of the 52nd Le R. S. 1951 ch. 346 p. 589 (Sec. 8 Art. 27a 8' V.P.C.) authorizesthe commlssioners' court to regulate the speed on county roads outside the corporate limits of citd.es and towns. However, the Legislature has not authorizedthe commissioners' court of a county having a populationof less than 600,000 inhabltantsto erect traffic con- .troldevices 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 '.~ ReviewingAssistant

Charles'

D.. Mathews Fir&k Assistant :

.
BA:am