July 24 , 1967 

Hon. D. C. Greer Opinion No. M-108 

State Highway Engineer 

Texae Highway Department Re: Validity of appropriation 

Austin, Texas to the Texas Highway Department to construct and maintain railroad protective 

Dear Mr. Greer: devices. 

Your request for an oplnlon on the above subject matter 

concerns the validity of Item 22 of Artlole XIX oft the Appropriation 

to the Highway Department contained in Senate Bill 15, Acts of the 

60th Legislature, Rs 

-dd;;eAwust 31, P 

lar Session, 1967 (appropriation for the year 

19 8). Item 22, above ref’erred to* reads as 

: 

For the Year 

August 31, 

“In addition to other State funds 

expended for simllar purposes under 

previously existing policy, there Is 

hereby provided from the State Hlghway Fund for joint participation by 

the Texas Highway Department and the 

respective railroad companies operating in the State a sum of moneys to 

be expended and administered by the 

Texas Highway Department under rules 

and regulations established by it for 

the welfare and safety of the traveling public to construct and maintain 

grade crossing protective devices on 

Federal, State and County highways and 

City streets on the distribution formula heretofore established by the Texas 

Highway Department applicable to the 

construction of such grade crossing 

protective devices on State highways, 

and directing the Department to develop standards and criteria for the proper 

- 493 - 
Hon. D. c. Greer, page 2 (~-108) 

priority allocation of such funds to 

specific grade crossings demand~lng the 

Installation anu maincenhnce based upon 

incidence of automotive and train traffic 

at the crossing, accident experience, 

observation obstruction and other, 

designed to foster and establish a 

consistent and orderly program to 

eliminate hazards to the public 

on the public highways, roads and 

streets in the State and provided 

that in arriving at oosts payable 

by the State,for the construction 

and :malntenance provided herein, 

payment may be made by the Department to qualified recipients by fixed 

sum determined on a formula basis or 

otherwise under such rules and regulations asthe Department may es-,, 

tabllsh with a view,'toward slmplificationof, the auditing and accounting 

involved; such sum established to be: 

expended only for the state purposes 

and to be $1,500,000H 

Gene&l legislation cannot be embodied within a general 

appropriation bill. Moore vs. Sheppard, 144 Tex. 537, 192 S.W.2d 

599 (1946). However, a general appropriation bill may contain 

general provisions and details limiting and restricting the use 

of funds therein appropriated if such provisions are necessarily 

connected with and Incidental to the aonrooriation and use of funds 

if they do not conflict with or amount-to general' legislation. 

Conley vs. Daughters of the Republic, 106 Tex. 80, 156 S.W. 197 

. 

A general appropriation bill cannot reoeal, modif 

amend an existing general law. Linden vs. Finle , 92 Tex. 

& (1882). 

% 

or 

49 S.W. 578 (1899); State vs. Steele, 3,'f Tex. 

51, 

2 

Appropriations must be supported by,pre-existing law. 

Austin National Bank vs, Sheooard. 123 Tex. 272, 71 

Port Worth Cavalry Club vs. Sheppa 

S.W.,2d 242 ii 1934); 

State vs. Steck C 

n-cl, 12.5 Tex. 339, 83 S.W.2d 6 0; 

0.9 0 . tlbb (Tex.Clv. App. 1951, error ref.). 

The foregoing principles applicable to appropriations by 

the Legislature are discussed in more detail in Attorneys General 

opinions V-1253 (1951)) V-1254 (1951) and w-96 (19.57). In determining the validity of Item 22 above quoted, we must examine the 

pre-existlng law applicable to the Texas Highway Department applying 

the foregoing principles of constitutional law summarized above. 

- 494 - 
. - 

Hon. D. C. Greer, page 3(M-108)’ :~ .: 

Broad powers and authority have been given the Texas Highway Department to maintain the various state highways In Texas by the provisions of Title 116 of the Re,vised Civil Statutes of Texas, 1925, 

(Articles 6663 through 6701k, Vernon’s Clvll Statutes). 

In construing the provisions of Article 6701d, Vernon’s 

Civil Statutes, the Supreme Court stated in Gann vs. Keith, 253 

S.W.2d 413, 417 (1952); 

rl .Artlcle 6701d.is 

law, and ‘the act shows upon 

intended as a comprehensive 

of traffic on highways, and 

Legislature as both a clvll 

a very comprehensive 

its face that it was 

code for the regulation 

was considered by the 

and a criminal, statute. 

The Intent of the Legislature is clearly shown by 

Section 154, which reads: ‘This Act may be cited 

as the Uniform Act Regulating Traffic on Hlghwa~ys. ’ 

The Act ahows that It was intended to cover and regulate traffic,,in every respect on the highways of the 

State. . , . 

Section 30 of Article 6701d specifically authorizes the 

State Highway Department to place and maintain traffic control devices upon all state highways as It may deem necessary to regulate 

warn or guide trafflo . The highway system Includes not only state 

highways outside the corporate limits of cities and towns, but also 

includes such roads and streets specifically designated by the 

Department as a part of the highway system. Attorneys General 

opinions v-1115 (1950), v-1514 (1952) and ~~-1486 (1962). 

In view of the foregoing, it is our opinion that Item 22 

of the appropriation to the Texas Highway Department contained in 

Senate Bill 15, Acts of the 60th Legislature, Regular Session, 1967, 

for the year ending August 31, 1968, constitutes an appropriation 

supported by pre-existing law for the purpose of enabling the Texas 

Highway Department to carry out a portion of its duties imposed by 

law. You are therefore advised that such item of appropriation is 

constitutional and valid. Therefore, such funds may be expended 

for grade crossing protective devices on those crossings on highways, roads and streets officially designated by the Texas Highway 

Department as a part of the highway system. 

SUMMARY 

Item 22 of the appropriation to the Texas 

Highway Department contained In Senate Bill 15, 

Acts of the 60th Legislature, Regular Session, 

1967, for the year ending August 31, 1968, is 

- 495 - 
Hon. D. C. Greer, Page 4 (M-108) 

constitutional and may be expended for the purpoees 

named therein on those afaded crossinas on euch 

highway roads and atree: officially zeslgnated by 

the Department as a part of the highway system. 

truly yours, 

zm 

C. MARTIN 

ney General of Texas 

Prepared by John Reeves 

Assistant Attorney General 

APPROVED: 

OPINION COMMITTEE, 

Hawthotine Phillips, Chairman 

Kerns Taylor, Co-Chairman 

W. 0. Shultz 

Watson Arnold 

Ben Harrison 

Tom Thurmond 

A. J, CARURBI, JR, 

Staff Legal Assistant 

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