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 formedwhich encompasses territory lying in more than one county and related questions. In a recent letter to this officeyou requested an opinion in regard to the above referencedmatter. We quote fromyour letter as follows:

"Thequestionhas arisen as towhether a road districtwhose area lies in more than one county canbe legally formed for the purpose of a bond issue to purchase right of way for a highway on the State Highway System. "Wewould appreciate an opinion on the following questions: "1. Can a road districtwhose area lies in more than one county be legally formed? "2. If the answer to question number one is in the affirmative, thenby what governmental body can such a road districtbe formed? "3. If the answer to question number one is in the affirmative,would such a road districthave 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 conferredby Section 52, ofArticle 3, of the Constitution, any number of adjoining counties ,withinthis State are hereby empowered and authorized to issuebonds in any amount not to exceed onefourth of the assessedvaluation of the real' property of the territory includedwithin such counties, and to levy and collect annually ad valorem taxes to pay the interestupon suchbonds 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 'anynumber of adjoining counties' as used in thisAct, shallbe construed to mean 'twoor more counties contiguous to each other."' In answer toyour first question, this officeheld in Attorney General's Opinion O-4214 (1941)that pursuant to Article 778a, quoted above, road districtsmay be formedwhich encompass territory inmore than one county; providedhowever, that the entire area of each county making up any such road district must be included and provided further that the counties involvedmust be contiguous to each other. We reaffirm the position taken in that opinion.

.Xn your second question you ask: ". . .by what governmentalbody can such a road districtbe forEd?* We refer you toArticles 778a through 778~ ofVernon's Civil Statuteswhich detail the procedure tobe followed in establishing such a multi-county road district.

Your third question asks: ". . .would such a road districthave **the** legal powers to instigate a bond issue for the purpose of purchasingright of way for a highway on the State Highway System?" Article 6674q-4,Vernon's Civil Statutes, provides in part that:

"All further improvementof,said State Highway System shallbe made under the exclusive and direct control of the State Highway Department and with appropriationsmade by the Legislature **-3595-**Mr. D. C. Greer, page 3 (C-746)

out of the State Highway Fund. Surveys, plans and specificationsand estimates for all further construction and improvement of said system shall be made, prepared and paid forby the State Highway Department. No further improvement of said system shallbe made with the aid of or with any moneys furnishedbv **the** counties exceot the acauisition of riaht-of-wavswhich may be furnished by the counties, their subdivisions or defined road districts. .,. ." (Bnphasisadded.) The above quoted statute clearly authorizes road districts to acquire rights-of-way for use by the State Highway Department in improvingand extending the State Highway System. Multi-county districts are not excepted from the provisions of this statute andwould thus fallwithin the definition of the phrase "definedroad districts."

The procedureswhich must be followedby such a multicounty road district in order to issuebonds are set forth in Articles 77Sa through 778~ of Vernon's Civil Statutes. SUMMARY A road districtmay be formedwhich encompasses territory lying in more than one county provided that the entire area of each county making up any such road districtmust be included and provided further that the counties involvedmust be contiguous to each other. Road districtsmay 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. -

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 THEATTORNEY GENERAL BY: T. B. Wright

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