Honorable J. A. Mooney

CountyAttorney,Tyler County Woodvllle,Texas
Dear Sir: OpinionNo. O-6973 Re: Where bonds were issued for the purpose of conatruction,

maintenance, etc. of certaindeeignated statehighways, which have sincebeen abandonedby the State and have become county roads,may the money now be used for the maintenanceof said roads? If not, for what purposemay It be used?
We acknowledgereceipt of your opinionrequest of Rovember 29, 1945, and quote from your letter as follows:

"I encloseherewith a statementof facts and questionaddressed to you and handed me by Geo. R. Bcyd, County Judge of Tyler County, togetherwith my opinion in answer thereto.

this

10, 1945, "I would like to have your opinionone

matter." CountyJudge Geo. R. Boyd's letter of October reads as follows:
"On June 14, 1930 an electionwas held that resultedIn the iesuanceof $300,000.00 In bonds for the purpose of the construction, maintenanceand 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), andHonorable 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 securitybonds of other countiesor cities that were practically worthless.

“In the meantime the State HighwayDepartmentbuilt 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, althoughthe R 0 W has been purchasedfor this unblltportion.
“Out of the salvage of the securltles, severalthousand dollars was recovered which Is on deposit with the County Depository. Tne CountyTreasurer carries It as a Road & MaterialFund.

“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 designatedIn paragraph 1 of your letterwere **.state hlg&**  **.: .:f**  ways7a@ the purpose,of the bond lssue.was. the building and Improvingof them **as such.,** 
"Not ,lessthan two years ago and some .I '. i thirteenyears after the bond issuewas vo-' ted, .these

hlghways'werere-designated ond :~ .i, built completelgby the State along new :~ ._:.(
**routes.** On-theiraoceptancefrom the con-. .,'I~ tractors,the old hlghvayswere .released.to~: the countg,~thls

also occurlngmore than two : ~gearsago and some thirteenyears 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: ':.:.~, connectedwith Its continuancein Jasper ~,I~,.~,. ! ,. County.

Easterly has been abandoned,:and:.it.-:- '~,'I. .~:' Is wholly In everg.scnsenow a c.ounty ,road., ‘,. “Any of thismoney that might be spent ~' upon the roads covered In your questionwould at this time be spent on more countyroads and not upon 'PORTIONSOF HIGHWAYSNO. 45,.. 40 and 106’ as set out of paragraphone of your letter. ,. :. "Under these facts and circumstances, I am of the opinion that the first part of ~.~ _ your question shouldbe 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 proceedsof the bonds voted on June 14, 1930,were ear-markedto be used on the

. portions of HighwaysNos. 45, 40 and 106, which lie In said Road DistrictNo. 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 repeatedlybeen held by the Appellate Couzts of thin State that when a county commlssloners~ court enters a pse-electionorder designatingthe road and specltlcally

declaring the purpose for which the bond money Is to be expended, said commlsslonerst court, or subsequentcommissioners 1 courts cannot change the designationof such road or expend the money for any other purpose than that speclflcally deal pro-electionorder. 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 underminepublic confidenceIn 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 retirementof the obllgatlons would be the only use to which It can be put. We believe that soldmoney shouldbe placed In the sinking fund for the retirementof the outstanding bonds. APPROVEI,

DEC 12, 1945 Yours very truly /a/ Grover Sellers ATTORNEXGENERAL OF TEXAS
ATTORNEY OENRRAL OF TEXAS By /s/ Claud 0. Boothman Claud 0. Boothman CCBrEP:LM Assistant

APPROVED OPIXION COMKITTEE

BY BWB CFJIRMAN