TIBEATTOFCNEYGENEEAL 

Q,F TEXAS 

Hon. Ronald D. Stephens Opinion No. C- 77 

County Attorney 

Young County Re: Highways over which the 

Graham, Texas authority of the Commissioners Court extends 

under the terms of ArtiDear Mr. Stephens: cle 827a, Sec. 2, V.P.C. 

You have requested our opinion on the following matter: 

"Under the terms of Article 827a, Section 

2, Penal Code of Texas, over what roads would 

the authority of the Commissioners extend? 

"In other words, since the authority covers 

highways of the County other than State Highways, 

what are these highways of th C t that exist 

other than State Highways? Wkl??h?s Include 

all county maintained public roads?" (Rmphasis 

yours) 

Section 2 of Article 827a, Vernon's Penal Code, prohibits 

the movement of overweight or oversize vehicles on "any highway" state or county: 

I . . . . provided, however, that the Commissioners Courts through the County Judges of the 

several counties of this State shall have and 

are hereby granted authority to 

limited to periods of ninety (90 7 

rant permits 

days or less 

for the transportation over highways of their 

respective counties other than State Highways, 

overweight or oversize or overlength commodities 

as cannot be reasonably dismantled, or for the 

operation over such highways of superheavy or 

oversize equipment for the transportation of 

such oversize or overweight or overlength commodities as cannot be reasonably dismantled, 

and the said County Judges shall have and are 

hereby granted said authority Independently of 

said Commissioners Courts until such time as 

said Courts shall have acted with respect thereto. 

'Said Commissioners Courts, in their discretion, 

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Hon. Ronald D. Stephens, Page 2 (C-77 ) 

may require a bond to be executed by an 

applicant in such amount as will guarantee 

the payment of any damages which any road 

or bridge traversed or crossed may sustain 

in conse uence 

said.” ? 

of the transportation aforeRmphasls ours). 

Under Article 11, Sections 1 and 2, and Article 16, ZJectlon 24 of the Constitution, public roads and highways belong 

to the State. Counties can exercise such authority over roads 

as is expressly granted or delegated to them b 

.t 

the Leglslature. 

915 1925) 

747 t 

Robbins v. Limestone County, 114 Tex. 3 5, 268 S. w. 

; Gulf Bitullthic Company v. Nueces County, 297 S.W. 

Tex.Clvil S.W.2d 

305, Comm.App. 1928). 

The term *county roads" means a public way for normal 

means of travel within a county under county supervision and 

control and such road may or .may not be paved. Burke v. 

Thomas, 285 S.W.2d 315 (Tex.Clv.App. 1956, error ref.n.r.e.). 

The State,exercises ,its primary jurisdiction over roads 

and highways through the State Highway Commission, Article 

6663, et seq., Vernon’s Civil Statutes, and the State Highway 

Commission has the right “to .take over and maintain" roads 

which then become State highways freeing the counties from any 

“cost, exwense or suwervlsion”, Article 6673, Vernon’s civil 

Statutes .- 

Article 827a of 

all vehicles on 

827a, Section 3 

It Is the purpose of 

regulate the operation of 

state or county. Article 

and size of all vehicles, 

the Penal Code to 

all roads whether 

provides for weight 

and movement of vehicles in excess . . . . . of the dimensions prescriiiea is pronlbltea, except under a 

special permit, Issued by counties under Section 2 of Article 

827a, Penal Code, or by the State under Article 6701a, Vernon's 

Civil Statutes. Article 6701a covers the movement of such vehicles on roads which are a part of the State highway system 

under State Highway Commission jurisdiction. Section 2 of 

Article 827a, Penal Code, 

jurisdiction. 

covers all other roads under county 

In addition to the designated so-called State Highways, 

the State Highway Commission is authorized to designate certain additional roads as Farm-to-Market and Ranch-to-Market 

roads and these become a part of the State Highway system, 

as much as the so-called State Highways. Counties have no 

responsibility with reference to them. Article 6673, Vernon's 

Civil Statutes. 

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Hon. Ronald D. Stephens;~ Page ‘3 ~(C!-7a,:: ,$A ‘:‘ ‘~~ r : ,CY ~: 

In controlllng.the mo*emi?nt oft overweightand,~,overslze, 

equipment the Act gives the Sta%Highway Comm~sslondontrol 

of traffic "over or upon any State Highway or any,road%that 

has been classified by the Highway Commission and shown by 

the records of the Commission as a Farm-to-Market or Ranchto-Market road under the jurisdiction of the State Highway 

Commission." Article 827a, Section 53, Vernon's Penal Code. 

This same section further'provides: 

"The Commissioners Court of any,county 

shall have .the same power and authority .;. ... 

over or upon any county.road; bridge,or culvert that'18 given by 'this,, Act to.~the:'State 

Highway Commission with :respeCt.to~'State. .: 

highways and~State Farm-to-Market and Ranchto-Market roads;" : 

Thus it is clear that In ,order to move any overweight or 

oversize vehicle over any.road or highway in this State, it 

is necessary to obtain the special permit provided in Article 

6701a, Vernon's Civil Statutes, from the State Highway Department for such movements up.on a State highway or a Farm-toMarket or Ranch-to-Market road so designated by the State Highway Commission, and lf~ such traffic moves within a county upon 

other public waynor normal means of travel under county supervision and control th It Is necessary to obtain also the 

special permit provided T: Article 827a, Section 2, from:the 

county. 

This Is not Interpreted to mean that th.ere Is any concurrent or conflicting permit jurisdlctionof'the State and county 

over such roads. The State through the State Highway Commission has exclusive jurisdiction to Issue special permits 'upon 

State highways, Farm-to-Market and Ranch-to-Market roads, so 

designated by the State Highway Commission. The County Commissioners Courts have exclusive jur,isdlctlon.to issue special 

permits upon all other roads within the’count~ not so designated. This jurisdiction is granted by the express terms of 

Article 827a, Section 53. 

It would appear there is no question of a conflict as far 

as the State Highway Commission Is concerned since its published 

"Policy on Permits" provides, p. 35: "We are not authorized 

to show on any permit a route over which we do not have jurlsdiction such as-a county road." 

If the Commissioners Court of any county has 

act as provided In 827a, Section 53, then Section 

failed to 

2 provides 

-3?7- 
the County Judge shall exerclse:the power granted in Section 

5* "until such time as said Courts shall hape acted with respect thereto." 

SUM,MAkY. 

The authority of the County Commissioners 

Courts or County Judges to issue special permits 

for overweight and oversized vehicles Is limited 

to roads within the county which~have not been 

marked or designated by the State Highway Com@sslon as either S,tate Highways, State Farm-toMarket road.s, State Ranch-to-M+r&et roads, or 

other State Highway deslgnatidn. 

Yours~~very truly, 

,' 

WAWONER,Cw 

Attorney General of Texas 

SSP:nss 

APPROVED: 

OPINION COMMITTEE 

W. V. Qeppert, Chairman 

Pat Bailey 

Howard Fender 

Edward Moffett 

James U. Strock 

APPROVXD FOR THE ATTORNEY GENERAL 

BY: Stanton Stone 

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