OFFICE OF THE ATTORNEY GENERAL OF TEXAS 

AUSTIN 

Honorable ho. A. Hlght 

Chief Aooountant 

Boer6 of County anb Dlstxlot Romd 

hiaistln, Texas 

a of H. B. - 

af Llmert4ar 

fat #l8 l lli+lo 

on sehorlty of 

r sntrlml b 

la~iO8 MaIre 3; 

the 

1, 

aaipt ef our letter & Much 

on the fo i lariag qu~~tfcnt 

ty sdl Dirtriot Road 

t4rm6 of a nun0 pro tuao 

@map Gomlssfoa hare the 

r partloipatfoa bomb lrma. 18 af LimarataL~ county, 

lob wore oqmded in the eon4 from ?t?art via Ben Rur to 

o pro tuao ordsr aantloned reads aa followrz 

wIRuTE 10. 

,- 

WiRcR leti, 190. 

WFtERW, Carl OnMOX4, COWltg Judg# Of ?&MStOSbO 

County, TOsaP, appearing in behalf of Reed Dietriot 

Ito. 18, lAPseston County, %*xao, rcrgmmanto to thhtr 

aorePeirrsi4n that on Au$ust 14, 1933, t&o Highway eomrmis8loa of Tent psaimd Elaut4 ao. WOO, dsrlgaatfns 
Honorabla 0~0. S. Hlght, page #e 

a State Righway from &art to Oflesbrok; sod 

that said Elnuta, as sass appears on tha reaords of the Highway Comlsslon, doas not and 

did not rsflsot the aatlon of the Hl@way commission when mid road was designated, from Yart 

to OrOaSbe0k, and in behalf of said Oontantlon 

he presented e~iden00 In the ronn or lettsrm 

written to tba Highway Oonimlmslon by the different county h3ge8 or Limest02u county rr08h iota 

to 1933, and also Ulnutes of the Hl&~y Qommlssfon whlah sh0w that the dfffarOnt ilalegstionr 

from Limestone County appearing befor aald Commlsolon were requesting that the bonded road from 

Hart by way of Ban Hur to Qroasbaok be da8ignatad 

as a Stats Highwayi and, further proranted affldarlts and letters to the effaot that uhsa EXHWSE 

No. 7997, was passed on August 14, 19SS that the 

dslegation appearing before the CommissiOa on Mid 

date understood snd heard the Hleway ~olmissloa, 

slttlng at that elms, da81@8ta ths old bonded 

road, to-wit: from the Motrnnan County llns by 

way of Ben Iiur to OrmsbeOk as State Highway No. 

164, snd further prorented to this Cossnlssloa a 

l&&as from the Honorable D. 15. hartin, of 8aB 

Antonlo, Texas, dated Ootober fil, 1940, statlit 

tbet on August 14, 19S3, he, as a member of the 

State Hi&wag Commission, voted to dsslgnata the 

old bond86 rmd fromltart by way 0f BOn PRw to 

Orossbeok as State Highrap No. 184; ho &lrO preoented a letter rrom the Honorable John wood, 

Cblrmsn 0r the Hi@may Comalsslon on August 14, 

1933, when I;lnute IUo. 7997 was passed, statlag 

that 011 suoh oooasfon ha voted to deslgaate ths 

old booded road from Mart to 0 oesbeok by rap of 

hn Bur as stat* kllghway Roe. l&,and that the 

commission on that date so ae8igtkeed the old 

bonded road rrom uart to G+wsboak by ray Of 

Ben Ffur; and, 

“UYIB.R~~S, aiter hearing said erldenes the Cornmlsslon fS 0r the 091nion that through iBaaY&- 

*no. ln drawing up Elnuta No. 7997, it faued to 

rarie0t the action or ths Elighway Ccu5lssion of 
Honorable Oeo. A. Right, psgs #a 

thet date, crnd that it was tb aatlon or the 

Hl&way Comlssio~ as then aonstltuted on August 

14, 1993, to denigrate the old b0ad0a rma rr0pl 

Ksrt to Oroesbssk by way of Ban Hur as State 

HIghway No. 164; and 

%VFiE?E99, sinoa suoh tlw, the rights of no 

other part lea have lntwveahl; 

uTXEREFCZiT, to oorrspt mob wror and omlsslon 

80 tbst the rsccrds of this body my mflsot all 

the truth of ths m tter~Inrolr.6; 

*IT IS ORDERED, and thts Commlaslon hsre and 

now so rinds, that the action or the Highway Commiasloa or Texas, on August 14, 1992, was to a08ignate as a part or the 3tats Hlgbray Systasi of Tsxas, 

and that on August 14, 1933, as aforesaid, the Statm 

Highway ComIsslon or Taxas, did doslgnate as a part 

or the Stats Rlghway Systam 0r the stats of Texas, 

that stntoh of rosa that bogins on tha MsLannan 

Uounty llns near the towa or Mart, and roriorllyl 

the old bonded road through the town Or Bon Eur 

to ths Ulty of Or06sb80k, as State Highway No. 164; 

ad, 

*BE XT FCRTFJER ORDERED, that such designation of 

auah road aul this order deolarlag such ds8lgrration 

be entered upon tha tilnutes of thfs Coxvilsslon nuna 

pro tune a8 of August 14, 1933, and as so sntarsd 

shall ba aa dfe0tiv43 as If actually entsrsa on mush 

Ailnuts on August 14, 19921. 

“I, 1C.L.PiigiBton, SeOrtttmy 0f the Stat8 %i&hway 

Camlesion of TsI(L8, do hereby oertlfy that the 

above and foregoing is a true and oorrcot oopy of 

the W.nute as it appwrs in the Official ~00rdS 

or the State Highway Coiwal~slon or Tsxas. 

n3x~~~S my hand and orrlciel ssal this 4th day 

of E&rob, 1941. 

(slgnod) Il.L.Wigintim - Seemtam 

23tsts Highway Cossaissl~a.* 

. . 
Honorable Oao. A. Eight, page & 

In Opinion Number O-3098 we stated that tho oillea 

of nuno pro tuna Is to woord an aotlon aotually had but 

whloh through inadvertence or mistake had hot baen reoorded. 

Suoh omirslon aonstltutlng nothing more nor less than a 

olerloal error, The la&t&ate rumtion of such an antbeing to aorreotly erldenoe upon the reoord that whloh for 

so&a reason had not been anterod of reoord,at tha propr 

time. 

Referring to the oontext of the nuno pro tuna order 

above quoted, It ~111 bs noted that the Highway Commfssion 

expressly finds "that throuqh lnadrertenoe In drawing up 

Elm&e #7997, it tallod to reflect tha aotloa of the Highway Cow~~Ia~lon of that data . . . -, ati that, therefore, 

to oorreot auoh error aad otisslon 80 that the reoordm ntaf 

rerleot all the troth of the nratter lnvol~ed, it I8 ordered 

;h& ruoh road be desi&mtOd nun0 pro tW&O as 0i Awurt 14, 

. 

3Te think thlr action olaarly oonforas to tha prlaolples 0r ths hnotlon of a nun0 pro tan0 entry. On ft.6 raoe 

it finds thet ths road in quertion was aotuallp designated by 

ardor of the Highway Oo~lsslon on Auguclt 14, lQS8, but throw 

error mob action ma not moorded in the E.lEute# of the CoaalllbJ8lOn. 

You are, therefore, advised that In our opinion the 

Board of county and Dlatriot Road Indebtedness has the authority to rpalw e1lSlble for partlolpation the bonds of Road Dlstrlot #la of LImeatone County, the proceeds of whioh were 

expanded In the ooastruotlon of the road alluded to ln the 

nuno pro tuno entry above quoted. 

Very truly yours 

ATTCRXEY OEXERAL OB TEXAS