Case Information
*1 OFFICE OF THE AYTORNEY GENERAL OF TEXAS AUSTIN
QDUuCIIUlcc m.swmmv-
Bonarable iioumr Garrison, Jr,
Diteotor Departaont of Publto hap Yabry
Austin, Taxa8
Dear Mr. Barriron;
your lett6r or July ion of thlr depert- aotor or the Depart- d authority to t lraay br oolleotea t fund, which is pro- 701, R. C. 5, fund will be available
ng expensor OS tar, C. R. otriaal Faglnaerlng, University light teoting laboratory, in- p out of the state for thr purpose tlon on latest te8ting teebnique, Conditionad upoa an afiirnmtive two quastlona, you request that par- d t0 Mrr Ornnbwry to make mild trip. 8eotloa 5, mttw~a 6701, rsada a8 r0ii0w81 mhy perpIon, iirm or corporation my aubm.lt to the State Iiighway Commlrsfon a lens, reflector or headlight oontrol aevioe intended to meke headlight oomply with the proviaiws ai thlr hat, and make application that the aama be tasted as to . .
. . , Eonsr Garrison, Jr,, Page I! Honorable
oonformlty with the raqulreuanta of this Aot. Upon such application the dtate Highway being aado, Comlaslon shall, upon notioe to the applioant, or headlight oontrol subiaft suah lam, refleotor detioe to the testing sgsncs as herein designated with the rsqmst that suoh device be tested aa to 00Arortitty with the requ5.reaents or this .kat. Each auoh appliasnt shall, upon the ftling of his applioa- tlon, pny to the State Highway Comlsslon B ree or rirty dollars. Ml auoh 5~0s shall ba nald by
the State Highway Commission into the Stats ?reasurp, and they shsll be deposited in a fund to be k~~own 3s the Highway Light Toot Fmd, and the 3tate Treasurer suoh rkd separ‘dte. The xomys in suoh Sh4ll keep fun?, or so muoh or sham as my bs neoessary, shall ‘ss used. to meet the expense of :he tests 3s rerein provided, and for suoh use they are hereby sppropriated, and the b&mos thereof, if any, shall be pold Into the State Highway Fund. Moneys in the nighway Light Test Fund a&all be npent under the direotion of the State S$ghway ConmIssion, .md may be spent only to derrag the en~anses of testing by the twsting agency herein provided r0r.n
In an opinion dated Bay 3, 1958, addreesed to the Ponor3ble Julian Eontgouary, state iilighway liapartmsnt, and written by wsaistant Attorney General il. B. ‘2ope, this de- partnient held that the duty of j?roriiling IUP tastiag and lighting davioes under ;irtiola 8701 was approrlr;g hi@nsy transferred to the Deptrtaent of iublio at the time that departmct was areated by the Legislature and the tjtate Highxay yatrol transferred to it.
Consec;uently, after this transfer for tha term used in the .+ot V&ate Highway COmmiSa~on”, ori&mlly there mutt, after auoh transfer, be aubvtituted the words qucIstiaA is *Department of Fublio Safety”. Your firot therefore answered in the affirnatf78, SiAOS we find un appro riation of fund ror balanoe of the present bienn um, made by R. E. 570, Aots Forty-seventh Legialaturr. lp
Tour seoond question is likewise answersd in the arrirmatire, Ths expenses to be lnourred oa this trip, in our opinion, are expenses properly lrioideat to the ;Ilaoharge or the duty of testing by the orflaial wsncy, to-vilt, the
.
Honorable Homer Gqrrison, Fags
University of Texas, dealgnated by the statute. The fund is, by its terms, available for derraylng "the axpensea or teatlng by the testing agemy", and la; de abovo ruled in response to your first qmation, to bo expended under tha dlreotion or the Dapartmentof Tub110 Safety for Juoh purposes.
Wth refere,noe to ysur requsst ror pemission to bo granted Mr. Grauberry to make the trip in question, you are sdviaed that this m&tar ~21: be disposed of in- ;;;;;ednt or this opinion request, and by the usual tom
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Yours very truly ATTO!#K?Y C23!3R.~L OF TKXAS Riohard W. Fairohild Assistant