Case Information
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R-174 AS AUSXTN~P. TEZ~AS April 22,, 1947 Hon. George
Comptroller
Capitol Station Austin, Texea -
OpFnkx~:&,b V&X& ore:: ~VhQthbb:,the;Ctiptrolleti ma. m&m%!kt~ to pess an 4a~.owxt.for payment to, the Rl@hWy ,Depe:rt- mmt far rsezicees ren- de%v?d by it to, the A:uatLn S&ate School for strecrts withkn the school Dear Sir: ground.
Your statement and requeak for an opinion
is as follows:
"The IPTghweg-DepaMwnt @s&d to be reimbursed 8.5 fbllmrs:
"1 . Servic~es of employees of the Highwag Deplrmnt .' "2 . R@e& tin &a I$ ~&+@ '-guipraent . “3 . MeterUl~ kw&&& "Questionr Is there ,ls@l wthorlty for paselng l&is aecaunt In Whole Or in
part for payment."
Artlcle"6673, V.C.S., ra&dS a8 followsr *2 -.
Ron. Georeo B. Sheppard - rage 2, v-160
“The Commission iv authorized to take over and nlntaln the various State High- ways in Texds, and the counties though
which said highways prss shall be iree from any cost, expense or supervision of such
highway! D The CommistIion ~shall use the auto- mobile rc,gkstmtion fees in the State Highway Fund for the mefnteaance of such highways, and shall divert the same to no other use un- less ~the Commfssion shall be without suffl- cient funds f?om other sou1~3es to meet Fed- eral aid to posds.l.n Texas, ,and in such
case the Commission is authorized by Pesolu- tlon to ‘tr+ansfer a sufficient amount from such fund to metoh asid Fedex%1 aId.” . .
Artfcle 6674, V .C .S *, provides in pert as fol- ‘I* * + All money hemsin authorized be apppOpx4eted for the operetlou of the
Department and the purchase of equipment
shall be p8i& ircm the Stste Hlghwej Fund, and the reuirde~ of al&d fund shall be ex- pended by the Cwrlsslon for the it&her-
8nce of publio rcwd oonrtruetion and the a mystem of State hl@kwags
establishrcsnt’of as herein provided D ”
Article. 6674a,, rsads as follows a “All maneyr now or hereeftep deposited in the 3tet.s Trusuzy to credit of
*State, MehuT Fund”, including 011 Federel ’ old moneys deposited to the credit of said fund u&or the terms of the Fed,erel HFghway Act and all oounty rid moneys. depo8ited credI.t of said fund under the to-8 of
;hFt;ztsshaU be subject ‘to appropriation
of said ay8tem of’ State Highvays by the [0] pecific purpose bf the improvement Otate Hlghwaj apetitment O’t (Emphasiti added) a
hrticle 6674q-5, provides: “All money8 ‘nti or heresfter deposited fn the State’ Treasury to the credit of the “State Highway Fund” lncl@.?ing all Federal aid money deposited to the credit of said *3 c
Hon. George R. Sheppard - loge 3, v-160
fund under the tori of the Pederrtl Aid Rlghvrf hbt, shall be subject to raproprla- tlon by the Legislature for the 8, oific
purpose of the i~p~oveiueut of 88 Ti%Emi
of Stmte Highways by the Strte l$Iighvry De- partment." (Emph.c318 ours).
From the above strted atatutea, we therefore conclude that the Nighwry Department ir authorized expend aozicpy for the construction or maintenance of the State Hlghvay system only, apd &,e not authorized build streets within the grswldr of another State De- partment, viz, the bustin State School.
In Opinion Ho. O-1475, this Bepartwnt held that the Texas Highwry Bepartaeat wrs'wlthout authority to improve the stpeet4 et C~IU# Xt&lOn sit344 the streets did not omprlse 8 part bf the system of highways of thls State. We are onclosing a copy of thld opinion.
Opinion HO. O-420 of this office held th8t the Hlghvsy Departmeat dld not have the authority to re- quest the Board af Control to puroMss out of highway funds su@plioL wh%oh ybr@ te Ire uned for the purpose of sale to otheel* drpart~eats of the $Wdt, a?@ that without a pre-existing lrw one State kporttrent csuld not chrrge another departmeat f(Pr sorvlces rendrrod. We 8re en- closing a copy of this eplnlon.
Xe h&v8 found BQ lrv thet would authorize Highway Department ta reoofaditioti streets within the Austin State School grounds, and no 18~ that would authorize apent to the bapartmsnt for such work out of Austin ii tote School funds.
i?.?!sR The Comptroller ef ?ublic &xounts 1s without rutblerity to pr8& for w)reat (111~ account sf I!1 wry karrtm**t for aerv- Ices rendered by p* tb the Amtin State t School for streets wlthl8@ the school grounds.
'Yours_very truly ATT~,RI'&GENERAL OF TEXAS ; Asalstant Rhi%/.TMc/dr/lh