THEATTORNEY GENERAL 

OF-TEXAS 

Mr. D. C. Greer 

State Highway Engineer 

Texas Hlghway Department 

Austin, Texas Opinion No. C-320 

Rest Whether a county may provide funds to participate 

with the State Highway 

Department in an overall 

survey of the county*s 

traffic needs so that both 

the State Highway Department and the County Commissioners Court can make 

future plans concerning 

the road systems for which 

Dear Mr. Greer: each are responsible. 

You have requested an opinion from this office concerning 

whether a county may: 

1, . . . provide funds to participate with the 

State Highway Department in an overall survey of 

the county's traffic needs so that both the State 

Highway Department and the County Commissioners 

Court can make future plans concerning the road 

systems for which each are responsible?" 

In connection wd.th the foregoing question, the provisions 

of Article 667J-b1, Verno,n's Civil Statutes, provide that: 

"Any Count or political sub-division of 

any County in t is state, acting through its 

governing ag~ency, may make, and the State Highway Commisslon, i n Its discretion, ma 

voluntary contributions of available S&m 

such county or political subdivision, for expenditure by the State Highway Commission in 

the development of the public roads of such 

or political subdivision." (Emphasis 

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Mr. D. C. Greer, page 2 (C-320 ) 

The foregoing statutory provision has been construed 

as authorizing a county, acting through Its Commissioners Court, 

to make voluntary contributions of available county funds to the 

State Highway Commission to be used by the State Highway Commission In the development of public roads within the count 

system. See Attorney General's Opinion No. v-1514 (1952y.road 

As to the type of "development" contemplated by the 

provisions of Article 6674c-1, the provisions of' Article 6674a, 

Vernon's Civil Statutes, which defines certain terms that are 

used throughout Articles 6674a-6674n, Vernon's Civil Statutes, 

provide that: 

11 

. . . The term 'improvement' shall include 

construction, reconstructlon or maintenance, or 

partial construction, reconstruction or maintenance 

and the making of all necessary plans and surveys 

preliminary thereto. . . ." (Emphasis added) 

The term "development", as used In Article 6674c-1, and the term 

'improvement", as used and defined in Article 6674a, being for 

all practical pu3;poses synonymous, we are of the opinion that 

the 'development of public roads within the county road system 

contemplated In Article 6674c-1, for which the county Is authorized to make voluntary contributions of available county funds 

to the State Highway Commission to be used by the State Highway 

Cormniss~ion, would include overall studies, surveys and plans 

concerning the, county road system. 

Such being the case, a county would be authorized to 

make voluntary contributions of available county funds to the 

State Highway Commission to be used by the State Highway Commission for overall studies, surveys and plans concerning the county 

road system. This, however, does not in any way alter or change 

the holding in Attorney General's Opinion No. C-302 (1964), which 

held that a county was not authorized to expend county funds in 

connection with federal, state and city governments to carry on a 

transportation plan or survey in connection with public roads 

within the Federal and State Highway Systems. 

We are of the further opinion thatthere would be no 

objection to the State Highway Commission making this overall 

study, survey and plans for a county, concerning the county's 

road system, in conjunction with studies, surveys or plans already being made or contemplated by the State Highway Commission 

in connection with publbc roadswJXhiti'.the State Highway'system 

within the county. 

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or. D. C. Greer, page 3 (C-320 ) 

SUMMARY 

A county is authorized to make voluntary contributions of available county funds to the State 

Highway Commission to be used by the State Highway 

Commission for overall studies, surveys and plans 

concerning the county road system. 

Very truly yours, 

WAGGONER CARR 

Attorney General 

PB:mkh:zt 

By: a..JL 

Pat Bailey 

Assistant 

APPROVED: 

OPINION COMMITTEE 

W. V. Geppert, Chairman 

J. C. Davis 

Joe Long 

Howard Fender 

Wayne Rodgers 

Hawthorne Phillips 

APPROVED FOR THE ATTORNEY GENERAL 

BY: Roger Tyler 

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