Honorable Thomas A. Wheat

CountyAttorney Liberty County Liberty, Texas
Dear Sir: OpinionNo. O-2479 Re: Authority of Liberty County Commissioners' Court to widen pavement of County road through the unincorporated town ofDaisetta.
We are in receipt of your letter of June 24, 1940, wherein you request the opfnion of this departmentupon the question hereinafter stated. Thank you for the authorities submitted with your request.

Your questionmay be stated substantiallyas 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 ofDaisetta? The funds for the paving were provided by a bond issue voted last October or thereabout, "for the purpose of construction, maintenance ana operatingmacadamized,graveled or paved' roads and turnpikes or in aid thereof" and the Raywood-Daisetta road was among thosenamed in the bond issue, the petition and in the orders and notices of the Commissioners'Court. After the bonds were voted, $185, 117.00was 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:

....underlegislativeprovision any county......

may issue bonds......for the followingpurposes:Honorable ThomasA. 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'sAnn, Statutes) provides the statutoryauthority required by the constitution,using almost the identical language.

The county commissioners'court is the governingbody of'the county and its control extends over the streetsAndy' 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'incorporatedtown.'or ,citg,It may improve streets thereinwhich are integralparts 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 jurisdictionor control over a subject is conferredupon the county commissioners' court, the specialpower 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 itswisdom has seen fit to place no limitsupon the width of pavement on county roads nor upon the extent'

of the improvementson such roads. There are no constitutional or statutoryprovisions 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 isno specificationas to width of the Ray-wood-Dalsetta road In the record of the bond issue by which the fundswere provided. APPWQVED JCL 8, 1940 s/GlennR. L.ewis,(Acting) Yours very truly Attorney General of Texas ATTCRNEY GENERAL OF TEXAS Approved~Opinion Committeeby s/%X3 Chairman~ By s/PeterManiscalco Assistant