### GENERAL THEATTORNEY

OF-TEXAS

Mr. D. C. Greer State Highway Engineer Texas Hlghway Department Austin, Texas OpinionNo. C-320 Rest Whether a countymay provide funds to participate with the State Highway Department in an overall survey of the county*s trafficneeds so that both the State Highway Department and the County Commissioners Court canmake futureplans concerning the road systems for which Dear Mr. Greer: each are responsible.

You have requested an opinion from this office concerning whether a countymay:

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. . .provide funds to participatewith the State Highway Department in an overall survey of the county's traffic needs so that both the State Highway Departmentand the County Commissioners Court can make futureplans concerning the road systems for which each are responsible?"
In connectionwd.ththe foregoing question, the provisions of Article 

### 667J-b1, Verno,n'sCivil Statutes,provide that: "Any Count or political sub-divisionof any County in t is state, acting through its governing ag~ency,may make, and the State Highway Commisslon, i

n Its discretion,ma S&m voluntary contributionsof available 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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The foregoing statutoryprovision has been construed as authorizinga county, acting through Its CommissionersCourt, to make voluntary contributionsof available county funds to the State Highway Commission to be used by the State Highway Commission In the developmentof public roads within the count system. See Attorney General's OpinionNo.v-1514 (1952y.road As to the type of "development"contemplatedby the provisions of Article 6674c-1, the provisions of' Article 6674a, Vernon's Civil Statutes,which defines certain terms that are used throughoutArticles 6674a-6674n, Vernon's Civil Statutes, provide that:

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. . . The term 'improvement'shall include construction,reconstructlon or maintenance, or partial construction,reconstructionor maintenance and themaking of all necessaryplans and surveys preliminary thereto.
. . ." (Emphasisadded) The term "development",as used In Article 6674c-1, and the term 'improvement",as used and defined in Article 6674a, being for all practicalpu3;posessynonymous,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 contributionsof 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. Suchbeing the case, a county would be authorized to make voluntary contributionsof 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'sOpinion No. C-302 (1964),which held that a county was not authorized to expend county funds in connectionwith federal, state and city governments to carry on a transportationplan or survey in connectionwith public roads within the Federal and State Highway Systems.

We are of the further opinion thatthere would be no objection to the State Highway Commissionmaking this overall study, survey and plans for a county, concerning the county's road system, in conjunctionwith studies, surveys or plans already being made or contemplatedby the State Highway Commission in connectionwith publbc roadswJXhiti'.the State Highway'system within the county.

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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 trulyyours, WAGGONER CARR Attorney General

PB:mkh:zt 

# a..JL By:

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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