August 29, 1966 

Mr. D. C. Greer 

State Highway Engineer 

Texas Highway Department 

Austin, Texas 

Dear Mr. Greer: 

Opinion No. C-746 

Re: Whether a road district 

may be formed which encompasses territory lying 

in more than one county 

and related questions. 

In a recent letter to this office you requested an 

opinion in regard to the above referenced matter. We quote 

from your letter as follows: 

"The question has arisen as to whether 

a road district whose area lies in more than one 

county can be legally formed for the purpose of 

a bond issue to purchase right of way for a 

highway on the State Highway System. 

"We would appreciate an opinion on the 

following questions: 

"1. Can a road district whose area lies 

in more than one county be legally formed? 

"2. If the answer to question number one 

is in the affirmative, then by what governmental 

body can such a road district be formed? 

"3. If the answer to question number one 

is in the affirmative, would such a road district have the legal powers to instigate a 

bond issue for the purpose of purchasing right 

of way for a highway on the State Highway System?" 

Article 778a, Vernon's Civil Statutes, provides as 

follows: 

-3594- 
a. D. C. Greer, page 2 (C-746) 

"That, pursuant to authority conferred by 

Section 52, of Article 3, of the Constitution, 

any number of adjoining counties ,within this 

State are hereby empowered and authorized to 

issue bonds in any amount not to exceed onefourth of the assessed valuation of the real' 

property of the territory included within such 

counties, and to levy and collect annually ad 

valorem taxes to pay the interest upon such bonds 

and to provide a sinking fund for the redemption 

thereof, for the purpose of the construction, 

maintenance and operation of macadamised, graveled or paved roads and turnpikes, or in aid 

thereof. The phrase 'any number of adjoining 

counties' as used in this Act, shall be construed to mean 'two or more counties contiguous 

to each other."' 

In answer to your first question, this office held 

in Attorney General's Opinion O-4214 (1941) that pursuant to 

Article 778a, quoted above, road districts may be formed which 

encompass territory in more than one county; provided however, 

that the entire area of each county making up any such road 

district must be included and provided further that the counties 

involved must be contiguous to each other. We reaffirm the 

position taken in that opinion. 

.Xn your second question you ask: ". . . by what 

governmental body can such a road district be forEd?* We 

refer you to Articles 778a through 778~ of Vernon's Civil 

Statutes which detail the procedure to be followed in establishing such a multi-county road district. 

Your third question asks: ". . . would such a road 

district have the legal powers to instigate a bond issue for 

the purpose of purchasing right of way for a highway on the State 

Highway System?" Article 6674q-4, Vernon's Civil Statutes, provides in part that: 

"All further improvement of,said State Highway System shall be made under the exclusive and 

direct control of the State Highway Department 

and with appropriations made by the Legislature 

-3595- 
Mr. D. C. Greer, page 3 (C-746) 

out of the State Highway Fund. Surveys, plans 

and specifications 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 bv the counties exceot the acauisition of riaht-of-wavs which may be furnished 

by the counties, their subdivisions or defined 

road districts. .,. ." (Bnphasis added.) 

The above quoted statute clearly authorizes road districts to acquire rights-of-way for use by the State Highway Department in improving and extending the State Highway System. 

Multi-county districts are not excepted from the provisions of 

this statute and would thus fall within the definition of the 

phrase "defined road districts." 

The procedures which must be followed by such a multicounty road district in order to issue bonds are set forth in 

Articles 77Sa through 778~ of Vernon's Civil Statutes. 

SUMMARY 

A road district may be formed which encompasses territory lying in more than one county 

provided that the entire area of each county 

making up any such road district must be included and provided further that the counties 

involved must be contiguous to each other. 

Road districts may acquire rights-of-way 

for use by the State Highway Department in improving and extending the State Highway System. 

yours very truly, 

WAGGONBRCARR 

Attorney General 

LEBjr:ra 

-3596- 

Lewis E. Berry; jr. 

/ 

/ 

I' 

Assistant 
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m. D. C. Greer, page 4 (C-746) 

APPROVED: 

OPIBION COMMITTEE 

W. 0. Shultz, Chairman 

James McCoy 

Ralph Rash 

Roy Johnson 

Wade Anderson 

APPROVED FOR THE ATTORNEY GENERAL 

BY: T. B. Wright 

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