,, 

E QRNEY 

PRICE DANIEL 

ATTORNEY GENERAL 

Hon., Perry L. Jones 

County Attorney 

Travis County 

Austin, Texas 

Dear Sirs 

GENERAL 

FTEXAS 

Auc?vrIN 11. -l?Exas 

October 31, 1950 

Oplnlon No. v-1115 

Ret May Travis County 

Issue bonds for the 

purpose of wldenlng 

and lmprovblg conYour request for an opinion presents the following questionr 

%ay the Consnlssioners' Court of Travis 

County, Texas, legally issue bonds for the 

purpose of widening and lmprovlng the Congress Avenue bridge, if the Issuance thereof is approved at an appropriate election?" 

Your factual recitation reveals that the Congress Avenue bridge which spans t e Colorado River wlthSn the corporate limits of the ci t y of' Austin, Texas~, 

was coni&ructedby Travis Count+ during IgO8-rg0g from 

the proceeds of a county bond issue. Subsequently and 

by virtue of the Bond Assumption Act of 1932, the State 

of Texas assumed and paid approximately $60,000.00 of 

the outstanding bonded indebtedness. The Camnlssloners* 

Court of Travis County does not contemplate any improvement of the bridge withaut'the consent of the governing 

body of' the City of Austin. The Congress Avenue brldge 

is a part of,,? State.deslgna$ed Nghway. 

..a. ,. ,, ,. 

'Article 6673, V.C.S., provides In part% 

"The (Highway) Coaunisslon is authorized 

to take over and maintain the various State 

Highways ln Texas, and the counties through 

which said highways pass shall be free from 

any cost, expense or supervlslon of such 

hfghvays. . D a*. 

In 1923 the State took over all highways constltutlng a part of the Highway System and oblllgated Itself' to bear the expense Incident to the maintenance and 0" 

P 
Hon. Perry L. Jones, page 2 (V-1115) 

construction of all highways that were then, OP might fn 

the future, be designated as State Highways. 

“Prior to 1924 the titles to all highways in this State w-e taken ln the names 

of the various aouatles fn which the roada 

were 82tuated* Such titles were held by 

the counties for the use and benefit of 

the State. Wevertheless the countfes’wepe 

aharged by law with the duty of constructlng and nalntalnlng the roads. In the 

constFuotlon of these roads the counties 

and rotid districts were authorized to, an9 

did, Incur heavy bonded obligations. Th&s 

method was adopted by the State for the pipose of enabling It to use the cou&ies as 

its agents to construct public roads for the 

use and beneilt of the State. Aransas COUPty ve Coleman-ton Pasture Company, 108 

Tex. 216, 191 S-W, 553. In 1923 the Legislature adopted an Act by which the State 

took over Pram the countiee all Mghwaya 

constltutiing a part of the State highway 

This par% of the Act became efTeo- 

!%%ma~ 1 1924 Acts 1923, sth Leg. 

Ch. 75, pe 155; Seco*20. Since that t%me, 

by va~loua other Acts the ImgislatWe has 

taken other addltlcnd hlgbrays. The rlgbt 

of the State to take over r6ads aonstruoted 

by counties was contested In the case of 

Bobbiae vs Linmtoae County, 114 Tex. 345, 

268 S.Y. gl'ja 918. This CouPt in su~ta.Q3ing 

;zdlght of the State to take OVBF such roads 

ngPublic mda are state property oveF 

which the state has full control and authority. * e * 

"*TIEA establishment of public highways 

being pfpaplly a fvaetion of government belonging to the &f&o the tight to establ5ah 

them resides 

Fb 

fll tlm Legislature, 

and, in the a ewe olt constitutional restrlctione, the Legislature may exePcfse 
Hon. Perry L. Jones, page 3 (V-1115) 

that right direct or delegate It to a polltical subdivision of the state, or to such 

other agency or instrumentality, general or 

local ln its scope, as it may determine. The 

exercise of this right by a political subdivision of the state, or by local officers, Is 

founded upon statutory authority therefor. 

The Legislature may exercise possession of 

public roads and control over them, by and 

tb.rou@ such agencies as it may designate. 

. . 0 

In Iverson v. Dallas County. 

(Tex.Civ.App. 1937) the C 

I.10 S.U.2d 255, 256 

ourt said; 

"The Acts of the 35th Legislature (Acts 

1917, co 190) and the amendments thereto attempt to set up a complete uniform system of 

state Nghways In the State. Article 66’73 of 

the Rev. Civo Stats 1925, to ether with subsequent enactments [article 6 E 73a) affecting 

state highways (Vernon's Ann. Civ. St. arts. 

6673, 6673a), authorlee the State Highway COmmissioners to take over state highways; and 

we think, stripped the oountles of this State 

of any authority to let contracts for the aonstructlon or maintenance of any public road 

comprising a portion of the State RLghuay Sgstern, either in their own name or as agents for 

the State of Texas, except In the speclflc lnstances and strictly in keeping with the provisions OP such acts." 

Article 6674q-4, V.C.S., provides In @Wtfi 

"All further Improvement of said State 

Highway System shall be made under the exclusive and direct control,of the State Hlghway Department an8 with approprlatlons made 

by the Legislature out:, of the State Highway 

Fund.~ Surveys, plans and sgecif'ioatlons and 

estimates for all further construction and 

Improvement of said system shall be made, 

prepared,and paid for by the State Highway 

Department. No further improvement of said 

system shall be made with the aid of or with 

any moneys furnished by the counties except 

the acquisition of right-of-ways which may 

be furnished by the counties, thel;uT$;lsions or %ePlned road districts. 

I’ 
* . 

Bon. Perry L. Jones, ‘page ,4 (V-1115) 

shall in nowlse affeot the aarrying out of 

aay.blndlng contracts now existing between 

the State Hi hwag Dspartment and the Cmmis-, 

e&oners Cour & of any county, ior such county,‘m iOr any defined road district. . . e* 

Article 6674rp9, V.C.S., provides In parti 

tlnue 

“If suoceeding Iiegfrlat~er shall aonto carry out the polloy’hereln defined 

by authorlalng a similar a comlatlon of 

funds fran time to time, (a Pp then whenever 

the eligible obligation shall hare been fully 

paid ae herein provided, a6 to er for any 

aounty or defined road &i&riot acaording to 

the povlaions~ of this Act, then, and 19 that 

eveat the title and possession of all roBdo, 

road ieds, b&lges, and culverts In saah 

aounty or defined road district, which ape 

included In the system of Designated State 

Highways, shall automatioallr vest ia fee 

lmle In %he State oi Texas: . e .” 

$umls added.) 

(Em L 

From the foregolag It will be noted that Congress ,Avenw bridge, is a part of a State d~slgnated highway. A bridge 1s o~QM&~lly but the part of a mad OP 

hlghwuy that traverms a stream., Aransas Co 

maa-Fulton Pasture Co, 100 Tex. 

EountZes no longer have any Inter 

highways other than the acqulsltlon of right of ways, the 

same being within the exclusive jurlsdiotlon of the State 

HIghway CcsPmriselone It Is true that alties an4 towns have 

,juri66iotlon over Stat0 hlghwaye 8ltuatod witMa such 

oltlr8 axid towns by virtue of uppropz%ate provfs$ons gfv2L. 

the cities exclusive jmlrQlotlon over Ughwags of 

(fabbert .ve City ab ~Brownwood, 176 S.W.2d 344 

(Tex.Oiv&p.1943 ofi) However, State highways 

a8 raoh~ do not ~lo~eeii%,‘idkiilty ,even though withen 

the jalrdlctlon of a city, and Artlole 66749-4 1~ an 

all-lnaluslvr ‘prohibition against the fumlshl~ng of maneya by a oounty fo the Improvement of the 

S&BBB save ana exoept tke 8oquisltion of 

talo&me~ -8 

tme, it ‘neorsur?il~ ‘r0xi0wf.i that 

aurt x?f TxUvla County would 80% be author%sed to 

lssw ,boa&r toe the pu~pora of wldembg a&l lmp~ov~ng Con- 

~‘~ gress.Arenue brfdge In the City of Aust%nn, 
Hon. Perry L. Joam, psse 5 (V-1115) 

!che positive pablbztloa e@%a#t rurther lmprovemeat of a Stata desigwttad highway 

7 

e aounty, as 

contained in Artlale 6674q-4 leaves a0 a terxmtlve 

other than to hold that Trewi,s Oouuty ha8 no authority 

to improve the bridge In quwtitxt 80 loag aa~~rrem&m 

a part of’ a State dealgnclted Mghway~ 

Lag would raise tb questian vhether the 7 909 bon&t - 

oould have been legally asttm 

cmptioa hwi been based upatt 9s t 

ths St&r, the aaof a state de8 7 gnated highway. 

bddge belng part 

The 0alml801owrs' Oowt o? Travis 

County, Tams, is not attthosired to lttSUB bonus ior the pwp0se os ridwag ana 

improvlag 0 

sf%&~” 

3 

ret!6 Avenue b&dge, an iathe State %ghway System, 

APPROVWB 

Ja 0. Davis, Jr. 

county Afrairs mmi0a 

Everett Xutahiaeoa 

Exeautive Assistant 

Charles D Mathevs 

First A&tat 

Bwtmv 

YotPa very truly, 

PltRror MlmL 

Attorney beaeral 

Assistant