Honorable J. A. Mooney 

County Attorney, Tyler County 

Woodvllle, Texas 

Dear Sir: Opinion No. O-6973 

Re: Where bonds were issued 

for the purpose of conatruction, maintenance, 

etc. of certain deeignated state highways, 

which have since been 

abandoned by the State 

and have become county 

roads, may the money 

now be used for the 

maintenance of said 

roads? If not, for 

what purpose may It 

be used? 

We acknowledge receipt of your opinion request of Rovember 29, 1945, and quote from your letter 

as follows: 

"I enclose herewith a statement of facts 

and question addressed to you and handed me 

by Geo. R. Bcyd, County Judge of Tyler County, 

together with my opinion in answer thereto. 

this 

10, 1945, 

"I would like to have your opinion one 

matter." 

County Judge Geo. R. Boyd's letter of October 

reads as follows: 

"On June 14, 1930 an election was held 

that resulted In the iesuance of $300,000.00 

In bonds for the purpose of the construction, 

maintenance and operation of macadamized, 

graveled or paved roads and turnpikes, or 

in afd thereof, on the ortions of Highways 

numbered forty-five (45 P , forty (40), and 
Honorable J. A. Mooney, page 2 (o-6973) 

one hundred and six (106) which lie In said 

road district No. 2 of Tyler County, Texas. 

“The bonds were sold and the proceeds 

placed on deposit with the Security Trust 

Company Austin, Texas, by sn agreement with 

the State Hlghvag Department. The deposit 

vas secured with other bonds. The result 

was that Tyler County Road Bond District No. 

2 lost practically all of the proceeds of 

the $300,000.00 bonds sold due to having as 

security bonds of other counties or cities 

that were practically worthless. 

“In the meantime the State Highway Department built each of the above mentioned 

Highways in Bond Dlstrlct lo. 2 In Tyler 

County, except about 12 mile6 of Highway 

Ho. 45 which has not been built to date, 

although the R 0 W has been purchased for 

this unbllt portion. 

“Out of the salvage of the securltles, 

several thousand dollars was recovered which 

Is on deposit with the County Depository. 

Tne County Treasurer carries It as a Road 

& Material Fund. 

“At the time of the Bond Election the 

above mentioned HLghways had been designated 

and were being maintained by the State Elghway Department. When the State Hlghway Department constructed them they vere relocated and In some Instances several miles from 

the original locations. Since the nev ones 

were built the State Highway Department has 

ceased to maintain the original roads, thereby releasing them to the county. 

"Will you please advise whether or not 

this funds now on deposit with the County 

Depository can be used for maintaining the 

original highways that were beiF& used at 

tie time of the bond tiecZar. IC not, for 

vhat purpose can the funds be legellg used?" 
Honorable J. A. Mooney, page 3 (O-6973) ,,. .i 

** + * In .1930, the roads designated In 

paragraph 1 of your letter were .state hlg& .: .:f 

ways7a@ the purpose ,of the bond lssue.was. 

the building and Improving of them as such., 

"Not ,less than two years ago and some .I '. i 

thirteen years after the bond issue was vo-' 

ted, .these hlghways'were re-designated ond :~ .i, 

built completelg by the State along new :~ ._:.( 

routes. On-their aoceptance from the con-. .,'I~ 

tractors, the old hlghvays were .released.to ~: 

the countg,~thls also occurlng more than two : 

~gears ago and some thirteen years after uls 

bond Issue was voted. 

"In some Instances, the old &itei Or _"" 

~:~1the3e!hlghways are completely abandoned~~,ln- 

-.~~the.lnstance of Highway 45, the ferrycwhi'ch: ':.:.~, 

connected with Its continuance in Jasper ~,I~,.~,. ! ,. 

County. Easterly has been abandoned,:and:.it.-:-'~,'I. .~:' 

Is wholly In everg.scnse now a c.ounty ,road., ‘,. 

“Any of this money that might be spent ~' 

upon the roads covered In your question would 

at this time be spent on more county roads 

and not upon 'PORTIONS OF HIGHWAYSNO. 45,.. 

40 and 106’ as set out of paragraph one of 

your letter. ,. 

:. 

"Under these facts and circumstances, 

I am of the opinion that the first part of ~.~ _

your question should be ansvered 'NO.1 

"As to the use which can be made of 

this money, I am of the opinion that a retirement of the obligation would be the only 

use to which It can be put." 

We gather from the facts stated In the above 

quoted letters that the proceeds of the bonds voted 

on June 14, 1930, were ear-marked to be used on the 

. portions of Highways Nos. 45, 40 and 106, which lie 

In said Road District No. 2 of Tyler County, Texas. 

Based on the facts and circumstances stated 

In your letter, we agree with you that the first part 

of your question should be answered In the negative. 
. 

Honorable J. A. Mooney, page 4 (o-6973) 

It has repeatedly been held by the Appellate 

Couzts of thin State that when a county commlssloners~ 

court enters a pse-election order designating the road 

and specltlcally declaring the purpose for which the 

bond money Is to be expended, said commlsslonerst court, 

or subsequent commissioners 1 courts cannot change the 

designation of such road or expend the money for any 

other purpose than that speclflcally deal 

pro-election order. Black v. Strength, 2 & 6 5. W. 

nated In the 

Fletcher v. Ely, 53 5. W. (26) 817, error refused, 

79, 

Moore v. Kaufman, 200 S. W. 374. Any other rule would 

tend to undermine public confidence In the acts of 

public officers. See also Golden Gate Bridge and Hlghway District v. Filmer, 21 Pac. (2d) 112, Perry v. 

Los Angeles, 203 Pac. 992. 

As to the USC which can be made of this money, 

we also agree with you that a retirement of the obllgatlons would be the only use to which It can be put. 

We believe that sold money should be placed In the 

sinking fund for the retirement of the outstanding 

bonds. 

APPROVEI, DEC 12, 1945 Yours very truly 

/a/ Grover Sellers ATTORNEX GENERAL OF TEXAS 

ATTORNEY OENRRAL OF TEXAS 

By /s/ Claud 0. Boothman 

Claud 0. Boothman 

CCBrEP:LM Assistant 

APPROVED 

OPIXION 

COMKITTEE 

BY BWB 

CFJIRMAN