## TIBEATTOFCNEYGENEEAL Q,FTEXAS

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 followingmatter: "Under the terms of Article 827a, Section 2, Penal Code of Texas, over what roads would the authority of the Commissionersextend?
"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 countymaintained public roads?" (Rmphasis yours) Section 2 of Article 827a,Vernon's Penal Code, prohibits the movement of overweight or oversizevehicles 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 7rant permits days or less for the transportationover highways of their respective counties other than State Highways, overweight or oversize or overlength commodities as cannot be reasonablydismantled, or for the operation over such highways of superheavyor oversize equipment for the transportationof such oversize or overweight or overlength commodities as cannotbe reasonablydismantled, and the said County Judges shall have and are hereby granted said authority Independentlyof said Commissioners Courts until such time as said Courts shall have acted with respect thereto. 'SaidCommissioners Courts, in their discretion,

-375Hon. Ronald D. Stephens, Page 2 

### (C-77 )

may require a bond to be executedby an applicant in such amount as will guarantee the payment of any damageswhich any road or bridge traversed or crossedmay sustain in conse uence said.” ? of the transportationaforeRmphasls 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.tthe Leglslature. 

### 915 1925) 747 t Robbins v. Limestone County, 114 Tex. 

### 3 5, 268 S. w.

; Gulf Bitullthic Companyv. 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 supervisionand control and such roadmay or .maynot be paved. Burke v. Thomas, 

### 285 S.W.2d 

### 315 (Tex.Clv.App.

### 1956,error ref.n.r.e.).
The State,exercises ,itsprimary jurisdictionover roads and highways through the State Highway Commission,Article 

### 6663,et seq.,Vernon’s Civil Statutes, and the State Highway Commissionhas the right “to .takeover 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 vehicles in excess and movement of

. . ... of the dimensionsprescriiiea is pronlbltea, except under a special permit, Issued by countiesunder Section 2 of Article 827a, Penal Code, or by the State under Article 6701a,Vernon's Civil Statutes. Article 6701a covers themovement 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-Marketand Ranch-to-Market roads and these become a part of the State Highway system, as much as the so-called State Highways. Countieshave no responsibilitywith 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.themo*emi?ntoftoverweightand,~,overslze, equipment the Act gives the Sta%Highway Comm~sslondontrol of traffic "over or upon any State Highway or any,road%that has been classifiedby the Highway Commission and shown by the records of the Commission as a Farm-to-Market or Ranchto-Market road under the jurisdictionof the State Highway Commission." Article 827a, Section 53, Vernon's Penal Code. This same section further'provides:

"The CommissionersCourt of any,county shall have .thesame power and authority .;.
... over or upon any county.road;bridge,or culvert that'18 given by 'this,, Act to.~the:'State Highway Commissionwith :respeCt.to~'State. .: highways and~State Farm-to-Market and Ranchto-Market roads;" : Thus it is clear that In ,orderto move any overweight or oversize vehicle over any.road or highway in this State, it is necessary to obtain the specialpermit provided in Article 6701a, Vernon's Civil Statutes, from the State Highway Department for suchmovements up.ona State highway or a Farm-toMarket or Ranch-to-Market road so designatedby the State Highway Commission, and lf~such trafficmoves within a county upon other public waynor normal means of travelunder 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.ereIs any concurrent or conflictingpermit jurisdlctionof'the State and county over such roads. The State through the State Highway Commission has exclusive jurisdictionto Issue specialpermits 'upon State highways, Farm-to-Market and Ranch-to-Market roads,so designatedby the State Highway Commission. The County Commissioners Courts have exclusive jur,isdlctlon.to issue special permits upon all other roadswithin the’count~ not so designated. This jurisdictionis 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 CommissionersCourt of any county has act as provided In 827a, Section 53, then Section failed to 2 provides

-3?7-the County Judge shall exerclse:thepower 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 specialpermits for overweight and oversizedvehicles Is limited to roads within the countywhich~have not been marked or designatedby the State Highway Com@sslon as either S,tate Highways, State Farm-toMarket road.s,

State Ranch-to-M+r&etroads, 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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