June 6, 1972 

Honorable Ted Butler 

Criminal District Attorney 

Bexar County Courthouse 

San Antonio, Texas 70204 

Dear Mr. Butler: 

Opinion No. M- 1149 

Re: Whether Bexar County pursuant to Article 6716-1, 

V.C.S., is required to employ a licensed professional 

engineer as the County Road 

Engineer or whether it may 

continue to employ the 

services of a Road Administrator in lieu thereof? 

Your request for an opinion on the above subject matter 

asks the following question: 

Whether Bexar County, under the provisions of Article 

6716-1, Vernon's Civil Statutes, is required to employ a 

licensed professional engineer to be County Road Engineer or 

may Bexar County continue to employ the services of a Road 

Administrator. 

Article 327la. Vernon's Civil Statutes, known as the Texas 

Engineering Practice Act, is the general act governing any 

activities by or relating to professional engineers. However, 

Sec. 19 of Article 3271a excludes any road work undertaken 

by the County Commissioners Court. Sec. 19 provides: 

II 

. . . that the Act shall not apply to any 

road maintenance or betterment work undertaken 

by a County Commissioners Court." 

Because of this exclusionary provision in Article 3271a, the 

specific provisions of Article 6716-1, Vernon's Civil Statutes, 

-5597- 
Honorable Ted Butler, page 2 (M-1149) 

known as the Optional County Road. Law of 1947, are controlling. 

In 1951 Bexar County adopted Article 6716-1, In its original 

form Sec. 5 of the Article provided: 

"The County Road Engineer shall be appointed 

by the Commissioners Court. He shall be a licensed 

professional engineer, experienced in road construction and maintenance who shall meet the qualifications required by the State Highway Department 

for its county engineers." 

However, during the 55th Regular Session of the State Legislature in 1957, House Bill 577 was enacted which amended Section 5 

of the Optional County Road Law of 1947. The caption to H.B. 577 

stated the bill was "An Act amending Sec. 5 . . . so as to 

authorize the employment of a County Road Administrator to perform 

the duties imposed upon the County Road Engineer in the event a 

county is unable to employ a licensed professional engineer: . . .*I 

(Emphasis added.) 

Thus under Article 6716-1 the Commissioners Court is authorized 

to employ as the County Road Engineer either a licensed professional 

engineer or a qualified road administrative officer in view of 

the fact that Section 5 now provides: 

"The County Road Engineer shal1 be appointed 

by the Commissioners Court. He shall be a licensed 

professional engineer, experienced in road construction and maintenance, he shall meet the qualifications required by the State Highway Department 

for its county engineers. If the Commissioners 

Court is not able to employ a licensed professional 

engineer for any reason, then the Commissioners 

Court is authorized to employ a qualified road 

administrative officer, who shall be known as the 

County Road Administrator to perform the duties of 

the County Road Engineer. The County Road Engineer 

-5598- 
Honorable Ted Butler, page 3 (M-1149) 

shall have had experience in road building or maintenance or types of construction work qualifying 

him to perform the duties imposed upon him, but 

it shall not be necessary that he have had any 

experience in engineering work. The County 

Road Administrator shall perform the same duties 

as are imposed upon the County Road Engineer, and 

all references in other sections of this Act to 

the County Road Engineer shall include and apply 

to the County Road Administrator." (Emphasis added.) 

The phrase "for any reason" is not defined by the Act, nor 

is there any other provision which defines the phrase. Therefore, 

we must look elsewhere for a definition. In Dubois v. Gentry, 184 

S.W.2d 369, 371 (Tenn.Sup. 1945) it was held "for any reason" 

means "any good reason or just reason." 

In the absence of any evidence of abuse, acts of administrative bodies, including commissioners courts acting in an 

administrative capacity as in this situation, are assumed to be 

positive actions within the discretion of the administrative body. 

Thus, in this instance, it is assumed that the Commissioners 

Court of Bexar County, acting within its discretion and within 

the confines of Article 6716-1, Vernon's Civil Statutes, and for 

a good and just reason, validly employed and may continue to 

employ an experienced County Road Administrator rather than a 

licensed professional engineer. 

SUMMARY 

Bexar County, having adopted the 

Optional County Road Law of 1947, Article 

6716-1, V.C.S., in 1951, may continue to 

employ the services of a qualified road 

administrator rather than a licensed professional engineer. 

19 

At&mey General of Texas 

-5599- 
Honorable Ted Butler, page 4 (M-1149) 

Prepared by Linda Neeley 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE 

Kerns Taylor, Chairman 

W. E. Allen, Co-Chairman 

Lewis Jones 

Mel Corley 

Bill Flanary 

Sally Phillips 

SAMUEL D. MCDANIEL 

Staff Legal Assistant 

ALFRED WALI(ER 

Executive Assistant 

NOLA WHITE 

First Assistant 

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