Honorable Thomas A. Wheat 

County Attorney 

Liberty County 

Liberty, Texas 

Dear Sir: Opinion No. O-2479 

Re: Authority of Liberty County Commissioners' Court to widen pavement of 

County road through the unincorporated town of Daisetta. 

We are in receipt of your letter of June 24, 1940, wherein you request the opfnion of this department upon the question 

hereinafter stated. Thank you for the authorities submitted 

with your request. 

Your question may be stated substantially as follows: 

Does the Commissioners' Court of Liberty 

County have the power and authority to use the 

unexpended portion of the road bond funds allocated to the paving of the Raywood-Daisetta 

county road for the purpose of paving the space 

between the 18 foot slab and the curb along 

such road in certain portions of the unincorporated town of Daisetta? 

The funds for the paving were provided by a bond issue 

voted last October or thereabout, "for the purpose of construction, maintenance ana operating macadamized, graveled or paved' 

roads and turnpikes or in aid thereof" and the Raywood-Daisetta 

road was among those named in the bond issue, the petition and 

in the orders and notices of the Commissioners' Court. After the 

bonds were voted, $185, 117.00 was allocated to the paving of' 

this road, but only about $165,000.00 was used, leaving a balance 

of approximately $20,000.00, which the Commissioners' Court 

wishes to expend as stated in your inquiry. 

Section 52 of Article III of the State Constitution 

provides, In part, as follows: 

. . ..under legislative provision any 

county...... may issue bonds......for the 

following purposes: 
Honorable Thomas A. Wheat, page 2 O-2479 

“.e....s.o 

"(c) The construction, maintenance;~and 

operation of macadamized, graveled or paved 

roads and turnpikes, or in aid thereof." 

Article 752a (Vernon's Ann, Statutes) provides the 

statutory authority required by the constitution, using almost 

the identical language. 

The county commissioners' court is the governing body 

of'the county and its control extends over the streets Andy' 

roads of unincorporated cities or towns within the county and 

over incorporated cities and towns which have no de factor .. 

municipal government. Feris v. Bassett, et al (Civ, Ap 

veston, 1920) 227 S.W. 233; Article 6730 (R.C.S.~, 

., Gal1925. P With 

the consent of the governing body of an'incorporated town.'or 

,citg, It may improve streets therein which are integral parts 

of~the county road sustem, City of Breckenridge v. Stephens 

County, 120 Tex, 318, 40 S.W. (2a) 43. 

It has often been pointed out by our courts that, where 

jurisdiction or control over a subject is conferred upon the 

county commissioners' court, the special power or jurisdiction 

confided to that court must be exercised according to Its discretion. Haverbekken v. Coryell County, (Corn. App., Sec. A., 

g3) 112 Tex. 422, 247 S.W. 1086; Holt & Co. v. Wheeler County, 

v. APP., Amarillo, 1921) 235 S.W. 226. 

The Legislature in its wisdom has seen fit to place no 

limits upon the width of pavement on county roads nor upon the 

extent' of the improvements on such roads. There are no constitutional or statutory provisions in Texas requiring the pavement 

on such roads to be of uniform width. 

It is, therefore, the opinion of this department that 

the Commissioners' Court of Liberty County has, within its sound 

discretion, the power and authority to make the improvements 

contemplated, and you are respectfully advised that your question Is answered in the affirmative. 

We have assumed that there is no specification as to 

width of the Ray-wood-Dalsetta road In the record of the bond issue 

by which the funds were provided. 

APPWQVED JCL 8, 1940 

s/Glenn R. L.ewis, (Acting) 

Yours very truly 

Attorney General of Texas ATTCRNEY GENERAL OF TEXAS 

Approved~ Opinion Committee by 

s/%X3 Chairman~ 

By s/Peter Maniscalco 

Assistant