"1 would like an opinion Prom your de- partment as to whether or not the expense ,of this trip can be paid by’ Liallas County,, and if eo, out of which fund.” *2 Honorable Chas. A. Tosoh - page 2 . .

/

Article 6875 of the Revised Civil Statutes ebuthorizes the State Bighway Commission of Texas to take over and nainta$ the various State highways in The first serjtenoe of said Artlole reads: TeX89.

aThe dommiseion is authorized to take owe and maintain the various State high- rays 3.n Texas, and the counties throu@~ mh.lch said highway passes shall be free . expense or supervision of from any aoet;,

suoh highways.*

In Iverson vi Dallas County, 110 s. w. 12) 235, .the oourt inconatrulng the above Article and ~the other statutes relative to the powers end organizakion~ol’ the : State Bighway ConmrLsslon, held that when the State~Blgh- way Department took over the control, management and main- e tenanoe of a State hLghv3y, the county lost control there-

of inso.far as' Its main~enemce and upkeep are concerned.

It appears froy,your letter that the State High- way Co~!&esioa has taken charge of the road project in queetion,.end has let the oontract,for ths building there-, '~, of.~, tee presume.that said hl~hway i.3 fioa a partof the State highwey system. If ne are correct'in thie essump- tion, then the maintenance and upkeep 'the~reof 13 not county business.

Based upon the above assumption, itis our opti-

Ion that the expenses of the County Judge and County Corn-~ missioner ingoing to F;ashJ.ngLon for the purpose named cm- not be paid out of the Road and Bridge Fund, or emy other fund, of Dallas county.

SInme Dallas County Is not required to build or

maintain the road in queetlon, the proposed trip to Cash-, ington rould not be in furtherance of county road husinees. ~

pry truly'yours Geo. I?. Bsroue AsBi8ta.nt