Case Information
*1 :, - 853 . :.
,OFFICEOF?tiEATTORNEY GEtiERAL'OFTEXAS
AUSTIN
GauroclmIm .~ -- *r-- ' .',y* ..'.
aonorabls Burl Brit.ts5.n _: '. .'
Countr Auditor
8 is a aurplue? requostlng an opinion ot this depnr
ma&, ln part, a0 Po
ap~raci&o your; opinion on this followl~~ questionr
"Can the &X!2l~S~iOn!?~8 Cowt ru-lmburea the Road & J3sldge Fund f~orn other Avnilabls County Funds in which thera in a ourpluo?"
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Honorable Burl Brlttaln, Pago 2
hhs~10'667411, Vernoi’s Annotated civil statutes, In part, 88 followsr rea69, i
I "Whenever, in the judgment of the State. .':;,
Highway Commission, the us0 of acquisition . of any land for road, right of way purposes, ;-
timber, earth, stone, gravel or other mate- "'.
Hal, necessary or convenient to any &ad to . be constructed, reconstructed, nelntalned,
videned, straightened or lengthened, or land : not 8XC.Sbin& 02-N hundred (LOO) fE& in Width
for strom bed diversion in connection wlth the locritlng, relocating or construction of a ileslgnated State Hlghvay by the State High- vay Commission, the 3ama may be acquired by purchaee or oondenoation by the Couutg Com- mlf4slonsrs court. Provided that tho County in vhlch the State Rlghvay is located may .,' pay for same out OS .tho County Road and
@ridge Fund, 07 any.available county funds. I.: .. Court is hereby au- ‘Any Cotissioners .thoMsed td secure by purchase or by oondem- ~nstion on beh8lf of the State of Fexas, any ne’d or wider right of tray or land not exceed- Sag one hundred (103) feet in width for stream bed diversion in connection vlth the locating, relocating or construction of a ckslgnated State ELighvay, or land Or lands for niaterfal or borrov pits, to bo used ln tho construction, recoristructlon, or maintenance 0f State Hlgh- vaya.an~I to pay for the, sams out of the Cou&y Road and Bridge Fun&, or out of any special road funds or any available county funds. 0 .* 4."
As ve understand our re&3t, the rlf&t of'va$, b question was acquired for t 3: c purposes mentioned ln Article 6674n, suppa, atid by virtue of ssld StatutBr..,
In'reply to the above stated quantlon,. you are advised that lt ls.our opinion that the co~lssloncrs' court may 3ecure the right of way ln th3 nanner provided by Article 667411, supra, and "pay for the same out of the County Road and Bridge Fundk or out of any special road fuuds or any av+lable county funds, a8 stktcd ln Article 66.74ni Holfever, thi3 Statute do)Gs not author- 123 tho commlsoionc~s' court to transfer money from one constltu- tlonal fuud to.another, or to expand for on3 purpo30, tax money *3 Eon&able Eurl Britialn, Page 3
raised ostensibly for another purpos'e. The C&&it&ion pre- scribes the mzxiuum rate of taxes for genorsl purposes, for roads end bridges, for juries, end for permanent lmproVements, reapectlvely. !fhe moneys erislng from taxes lovied ad&col- looted for eaoh OS the enumerated purpose3 are constitutional '$unds. (Carroll vs. '61'llllams, 202 S. W. 504; Tsx. Jur. Vol.
11, Psge 609). Ha think the term "available county fun&s" as used ln the above mentioned Statute means such Sunds as have not been raised,. collected or appropriated for a specific pur- The comdssloners' court has no legal authority or right pose. to reimburse the Road and Bridge Fund Sron any other constltu- tlonal fund in vhlch thero.ls e surplus or from any other fund or funds vhlch have boon raised, collected or appropriated for e 3peclslc purpooc. If we have not mede ourselves clear with reference to any particular fund, plaase advise us as to vhat particular f'und or funds from which It is contemplated, the Road end Bridge Fund will be reimbursed.
In connection with the foregoing v3 direct your atten- tion to our Opinions Eo. O-65, O-413, O-1397 and o-3137, copias of vhlch are enclosed for your information.
BrustZng that the foregoing fully nntisers your inquiryy, ve ‘are
_' Yours 'Yq tru1g ATiOW?iY GEHJZP& OF ?RXAS &/sd&~+ By : ATdell Ullllams Assistant :... AW:RS '.
RRCLOSURES