Case Information

*1 .

The Attorney General of Texas

JIM MATTOX June 25, 1986

Attorney General Mr. Robert c. Lanic!r Opinion No. JM-507

Supreme Court Building Chairman P. 0. BOX 12546 State Department of Highways and Re: Whether the Texas Highway Austin, TX. 76711. 2546 5121475-2501 Public Transportation Commission may temporarily close Telex 9101674-1367 11th and Brazes Streets a portion of the Interstate 35E Telecopier 512/475-0266 Austin, Texas 78X1 frontage road in Dallas for the

purpose of allowing an inter- 714 Jackson. Sulie 700 Dallas. TX. 752024506 ^{[21417428944]} Dear Mr. Lanier: city "grand prix" race

You have requ,ested our opinion regarding the authority of the 4624 Alberta Ave., Suite 160 Texas Highway Conmission to close temporarily a portion of the El Paso, TX. 79905.2793 915a33-3464 35E frontage road in downtown Dallas for the purpose of Interstate allowing its use f0.c an inter-city "grand prix" race on June 19, 20, /- and 21, 1987. 31 Texas, suite 700 muston, TX. 77W2~3111 The Texas Righway Commission is authorized by article 6674w-1, 713,2255886 V.T.C.S., to "lay cut, construct, maintain, and operate a modern State Highway System. . ." (Emphasis added). In the absence of indica- 606 Broadway. Suite 312 tion of contrary l&slative intent, we believe it is clear that this Lubbock, TX. 79401-3479 provision empowers Ithe commission to adopt regulations governing the 606/747-5236 day-to-day operation of the state highway system, and all portions

thereof. As the Sr.preme Court declared in Texas Highway Commission V.

43M) N. Tenth, Suite S El Paso Building anjl Construction Trades Council, 234 S.W.2d 857, 859 McAllen, TX. 76501-1665 (Tex. 1950). 512i@2-4547

[tlhe Stc.te has created a Highway Commission, and has placc!d under its direct and exclusive control 2w Main Plaza. suite 400 San Antonio. TX. 76205-2797 the manaf:ement of its highway system. 51z2254191

Id. at 859. Furtkrmore. the commission is specifically empowered, inter alia, An Equal OppOtiunityl Affirmative Action Employer

(a). To designate any existing or proposed State HighGay, of the Designated State Highway or any part thereof. as a Controlled System, Access Mghway; (b) . To deny access to or from any State

Highway, presently or hereafter designated as *2 Mr. Robert C. Lanier - Page 2

such . . . which may be hereafter duly designated as a Controlled Access Highway, from or to any lands, public or private. adjacent thereto, and from or to any streets, roads, alleys, highways or any other public or private ways intersecting any such Controlled Access Highway, except at specific points designated by the State Highway Commission; and to close any such public or private way at or near its point of intersection with any such Controlled Access Highway;

Cc). To designate points upon any designated Controlled Access Highway, or any part of any such highway, at which access to or from such Con- trolled Access Highway shall be permitted, whether such Controlled Access Highway includes any existing State Highway or one hereafter con- structed and so designated;

Cd). To control, restrict, and determine the type and extent '~!5 access to be permitted at any such designated point of access. . . . --.

V.T.C.S. art. 6674w-1, subtliv. 2(a)-(d). Interstate 35E is clearly a "controlled access highway-" Accordingly, the commission is specifi- the cally authorized "to close any such public . . . way," &, Interstate 35E frontage road, "at or near its point of intersection with" Interstate 35E. Ii our opinion, the foregoing provisions furnish ample authority for the commission to close temporarily a portion of the Interstate ?5E frontage road.

You express concern &about section 185(a) of article 6701d, V.T.C.S., which provides:

No person sha:.l drive any vehicle in any race, speed competition or contest, drag race or acceleration contest. test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manuer participate in any such race; competition, contest, test, or exhibition.

We assume that this statute is limited in application to "highways." "Highway" is defined in section 13(a) of article 6701d. V.T.C.S., as

[t]he entire wid:h between the boundary lines of every way publicly maintained when. any part thereof is open to the use of the public for purposes of vehicular travel. ?

Mr. Robert C. Lanier - Page! 3

If the commission validly ,::Loses a portion of a state highway between two specific points, so ~that it is not open to the public, that portion so closed ceases during the period of closing to be a "highway" for purposes of section 13(a). As a result, section 185(a) is not applicable thereto.

In conclusion, it is our opinion that the Texas Highway Commission is authorized to close temporarily a portion of the Interstate 35E frontage road In'Dallas for the purpose of permitting its use in an inter-city "grand prix" race.

SUMMARY The Texas Highway Commission is authorized to close temporaril:r a portion of the Interstate 35E frontage road in Dallas for the purpose of permitting its use in an inter-city "grand prix" race.

JIM MATTOX Attorney General of Texas JACK HIGHTONER

First Assistant Attorney General

MARY KELLER

Executive Assistant Attorney General

RICK GILPIN

Chairman, Opinion Committee:

Prepared by Erik Moebius

Assistant Attorney General