Case Information
*1 OFFICE OF THE ATI’ORNEY GENERAL OF TEXAS AUSTIN I --i--
Honorable I. Prado&l
County Audltor
oalverton county
Oalve8ton* Texas
Dear Sir1
ter arking for County, the 2 is entirely vlth- and there no awall built bg Gal- , vhloh Is wed 88 proteative work and 18 tr Of Preolnot 62.’ ion and main- m the Permanent protective n made annual- e. As stated, the is part of the proteotive drlvevay or Boulevard vork and all extension8 mslntenanoe expenditures are from the tax levier mentioned. mid
‘1 kindly ask that you advlre me further, ln view of the faot that there are no road8 in Preoinot #2, aa to vhother the Connnisrloner from thl8 Preolnot *2 xionorrble I. Predeoki, pago 2
la alao~rntitlad to the olaim a8 rtated in the Opin- ion, to be paid for automobile while on of- fioial duties from the Road & Bridge Fund, or la hs lsgrlly entitled to automobile bxpenrer vhile on of- fioi81 duties to bo paid out of tha Per8want Improve- mat Fund.
II . . . . Tbia depactm8nt held, among other things in Opinion Uo. O-5328, that Senate Bill go. 286, Aota of the 68th Isgiala- ture, Regular Session, 1943, vaa oon8titutional. aa follovar
Said Seaate Bill go. 286 reads part l Seotfon 2 (a). ‘pas County Commiaaionera shall ma+ aa inapsot+on of publlo roads, hlgh- vaya, 4nd other appurtanano~a pertaining thereto preoinota vithin their raapeotite and vithin their jurisdiction during or Umwdiat8ly 8fter the ooour- ran88 of any storm, flood or high tide, the ooaur- 2~08 of vhioh would probably damage or obatruot raid
pub110 roads, highvuyr and 8ppurtenanoea. If rush inapootion reveals that raid roads, highways and ap purtenm~ea have been damaged or obatruoted ia any County Commissioners preoinat, it shall be the duty of raid Commi8aioner to oloae said road, highvay or qqmrtananoa or to install adequate faailiti88 e&or varning signs at or near aoene of said damage or obstruotlon, aufflolant to v8rn the publio thereof, and to proaard 48 8OOXI a8 IS possible th8reaitar to r i repaired o~rtruotion removed have auoh dam8ge
therefrom, of “Sootion 2 (b). Ipho County Comiaaionera i QalVe8tOn county, Teacar,, fire saoh hereby alloved 88tual expenaea not to exoeed the aum of Fifty ($50.00) Dollar8 per month for the use of their Pri?ata automobiles, provided hovever that ruoh travel- ing expenaea shall alloved only vhen inourred by ; the County Comml88ionera in the perform8noo of their dutie8 pertaining the maintenanoe of th8 pub110 $ road8 and higpuap8 or said 00011ty. Eaoh OOUnty oom-
miS8iOner inourring auah expenao ah.811 file 4 olaim
658 Honorable I. Predeokl, page 3
with the Commiaaionera Court, and, if said Olain la in order, same rhall be approved, allowed and order- ed paid by said oourt as a olaim against the oounty.
said olaim rhall bs paid Out Of the road and bridge fund of said oounty in the same manner as provided “,J,?: for the payment of other olaima from said
.
You state effeot that oommiaaionerat pr6oinot 130. 2 is entirely within the oity limits of Galverton and there Uovever, you state further1 no roads in thir preoinot.
‘l’he Seavall built by Oalveatoa County and the Boulevard, vhioh la used a8 a driveway, la part of the proteotive work and is partially within the limits of Preolnot go. 2.”
If there are no roads, highways or appurten.9nOeS pertaining there- to within preoinot go. 2 under the furiadiotion of the oounty oom- miaaioner of said preolnot then there la no duty imposed upon him by 8aid Senate Bill lfo. 286, 8upra. perfOrm any of the duties If he, in feat, performs none of the duties mentioned therein. required by #aid Aot, then he would not be entitled to any trawl- ing erpenasa authorised and allovsd by said bill. However, on the other hand, if the part of the boulevard vhioh la used as a la under his jurisdiotion it la his duty to maintain driveway same and perform the duties required by said Senate Bill Ho. 286, then he would be entitled to the traveling inourred by him not exogsding $50.00 per month in the same manner as the other county oonnuiaaionera of the oounty.
If the county oc888iaaioner of preolnot Ho. 2 legally traveling expense for use of his private automobile ~oura under Senate Bill go. 286, l up ra,. th8 8811~8 mu8t paid from the road and bridge fund as authorized by said Senate Bill SO. 286. Su8h expenses oould not be paid from the permanent ~rOV88wt S* Y. 29j Carroll V. Uilliem8, fund. (See the aaae of Uilliam8 Y. Carroll,
202 S. Y. 504)
&dell Villiama