July24 , 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 andmaintain railroad protective Dear Mr. Greer: devices.

Your request for an oplnlon on the above subjectmatter concerns the validity of Item 22 of Artlole XIX oft the Appropriation to the Highway Department contained in SenateBill 15, Acts of the 60th Legislature,Rs -dd;;eAwust 31, P lar Session, 1967 (appropriationfor 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 simllarpurposesunder previously existing policy, there Is hereby provided from the State Hlghway Fund for joint participationby the Texas Highway Department and the respective railroad companies operating in the State a sum of moneys to be expended and administeredby the Texas Highway Departmentunder rules and regulations establishedby it for the welfare and safety of the traveling public to construct andmaintain grade crossingprotectivedevices on Federal, State and County highways and City streets on the distribution formula heretofore establishedby the Texas Highway Department applicable to the construction of such grade crossing protective devices on State highways, and directing the Department to develop standardsand criteria for the proper

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### c. Greer, page 2 (~-108)

priority allocation of such funds to specificgrade crossingsdemand~lng the Installationanu maincenhnce based upon incidence of automotive and train traffic at the crossing,accident experience, observation obstructionand other, designed to foster and establish a consistentand orderlyprogram 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 :malntenanceprovided herein, paymentmay be made by the Department to qualifiedrecipients by fixed
sum determined on a formula basis or otherwiseunder such rules and regulations asthe Departmentmay es-,, tabllsh with a view,'towardslmplificationof, the auditing and accounting involved; such sum established to be: expended only for the statepurposes and to be $1,500,000H
Gene&l legislationcannot be embodiedwithin a general appropriationbill. Moore vs. Sheppard, 144 Tex. 537, 192 S.W.2d 599 (1946). However, a general appropriationbill may contain general provisions and details limiting and restricting the use of funds therein appropriated if suchprovisions are necessarily connected with and Incidental to the aonrooriationand use of funds if they do not conflictwith or amount-to general' legislation. Conley vs. Daughters of the Republic, 106 Tex. 80, 156 S.W. 197

.
A general appropriationbill 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 Appropriationsmust be supportedby,pre-existing law. Austin National Bank vs, Sheooard. 123 Tex. 272, 71 Port Worth Cavalry Club vs. Sheppa S.W.,2d242 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 appropriationsby the Legislature are discussed inmore detail in Attorneys General opinionsV-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 Departmentapplying the foregoingprinciples of constitutional law summarizedabove.

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

Broad powers and authorityhave 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, (Articles6663 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‘theact showsupon 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 consideredby the and a criminal,

statute. The Intent of the Legislature is clearly shownby Section 154, which reads: ‘ThisAct may be cited
as the Uniform Act RegulatingTraffic 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 specificallyauthorizes the State Highway Department to place and maintain traffic controldevicesupon all statehighways as Itmay deem necessary to regulate
warn or guide trafflo

. The highway system Includesnot only state highways outside the corporate limits of cities and towns, but also includes such roads and streets specificallydesignated by the Department as a part of the highway system. Attorneys General opinionsv-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, constitutesan appropriation supportedby pre-existing law for the purpose of enabling the Texas Highway Department to carry out a portion of its duties imposedby law. You are therefore advised that such item of appropriation is constitutionaland valid. Therefore, such fundsmay be expended for grade crossing protectivedevices on those crossings on highways, roads and streets officiallydesignatedby the Texas Highway Departmentas 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

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constitutionaland 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 Preparedby John Reeves AssistantAttorney 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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