OFFICE OF THE AYTORNEY GENERAL OF TEXAS 

AUSTIN 

QDUuCIIUlcc 

m.swmmvBonarable iioumr Garrison, Jr, 

Diteotor Departaont of Publto Safety 

hap Yabry 

Austin, Taxa8 

Dear Mr. Barriron; 

your lett6r or July 

ion of thlr depertaotor or the Departd authority to 

t lraay br oolleotea 

t fund, which is pro701, R. C. 5, 

this fund will be available 

ng expensor OS tar, C. R. 

otriaal Faglnaerlng, University 

light teoting laboratory, inp out of the state for thr purpose 

tlon on the latest te8ting teebnique, 

Conditionad upoa an afiirnmtive 

two quastlona, you request that pard t0 Mrr Ornnbwry to make mild trip. 

8eotloa 5, mttw~a 6701, rsada a8 r0ii0w81 

mhy perpIon, iirm or corporation my aubm.lt 

to the State Iiighway Commlrsfon a lens, reflector 

or headlight oontrol aevioe intended to meke 6 

headlight oomply with the proviaiws ai thlr hat, 

and make application that the aama be tasted as to 

. . 
. . 

, 151 

Honorable Eonsr Garrison, Jr,, Page I! 

oonformlty with the raqulreuanta of this Aot. 

Upon such application being aado, the dtate Highway 

Comlaslon shall, upon notioe to the applioant, 

subiaft suah lam, refleotor or headlight oontrol 

detioe to the testing sgsncs as herein designated 

with the rsqmst that suoh device be tested aa to 

00Arortitty with the requ5.reaents or this .kat. Each 

auoh appliasnt shall, upon the ftling of his applioatlon, pny to the State Highway Comlsslon B ree or 

rirty dollars. Ml auoh 5~0s shall ba nald by 

the State Highway Commission into the Stats ?reasurp, 

and they shsll be deposited in a fund to be k~~own 

3s the Highway Light Toot Fmd, and the 3tate Treasurer 

Sh4ll keep suoh rkd separ‘dte. The xomys in suoh 

fun?, or so muoh or sham as my bs neoessary, shall 

‘ss used. to meet the expense of :he tests 3s rerein 

provided, and for suoh use they are hereby sppropriated, 

and the b&mos thereof, if any, shall be pold Into 

the State Highway Fund. Moneys in the nighway Light 

Test Fund a&all be npent under the direotion of the 

State S$ghway ConmIssion, .md may be spent only to 

derrag the en~anses of testing by the twsting agency 

herein provided r0r.n 

In an opinion dated Bay 3, 1958, addreesed to the 

Ponor3ble Julian Eontgouary, state iilighway liapartmsnt, and 

written by wsaistant Attorney General il. B. ‘2ope, this departnient held that the duty of j?roriiling IUP tastiag and 

approrlr;g hi@nsy lighting davioes under ;irtiola 8701 was 

transferred to the Deptrtaent of iublio Safety at the time 

that departmct was areated by the Legislature and the tjtate 

Highxay yatrol transferred to it. 

Consec;uently, after this transfer for tha term 

ori&mlly used in the .+ot V&ate Highway COmmiSa~on”, 

there mutt, after auoh transfer, be aubvtituted the words 

*Department of Fublio Safety”. Your firot qucIstiaA is 

therefore answered in the affirnatf78, SiAOS we find un 

appro riation of this fund ror the balanoe of the present 

bienn lp um, made by R. E. 570, Aots Forty-seventh Legialaturr. 

Tour seoond question is likewise answersd in the 

arrirmatire, Ths expenses to be lnourred oa this trip, in 

our opinion, are expenses properly lrioideat to the ;Ilaoharge 

or the duty of testing by the orflaial wsncy, to-vilt, the 
. 

Honorable Homer Gqrrison, Fags 3 

University of Texas, dealgnated by the statute. The fund is, 

by its terms, 

by the 

available for derraylng "the axpensea or teatlng 

testing agemy", and la; de abovo ruled in response 

to your first qmation, to bo expended under tha dlreotion or 

the Dapartmentof Tub110 Safety for Juoh purposes. 

Wth refere,noe to ysur requsst ror pemission to 

bo granted Mr. Grauberry to make the trip in question, 

you are sdviaed that this m&tar ~21: be disposed of in- 

;;;;;ednt or this opinion request, and by the usual tom 

. 

Yours very truly 

ATTO!#K?Y C23!3R.~L OF TKXAS 

Riohard W. Fairohild 

Assistant