In reply to your letter requesting our opinion on the following question:

"May Hutchinson County le ally expend moneys derived through said H. B. 68 8 now held in its Lateral Road Fund for (a) remo;ing the old floor of a bridge, purchasing materials for a new floor, and constructing a new floor in this bridpe; and (b) for materials and labor ir making repairs to such bridge in addition to a new floor?" we advise as follows:

In the early case of Aransas County v. Coleman-Fulton Pasture Company, 191 9. W. 553, it was held that the Constitu- tlon, Article 3. Section 52, as amended in 1903, authorizing counties to issue bonds for road construction purposes, em- powered such counties to build necessary bridges as a part of such road, and it has become settled law that bridges are an essential part of any road. Therefore, it is our opinion that the funds allocated to the county through the Lateral Road Ac- count of the Board of County and District Road Indebtedness are available for the purpose enumerated in your question. Following the same line of reasoning, we think the county would be fully authorized to use such moneys fnr the purpose of acquiring right-of-wag to roads formIng a part of the County Lateral Road System.

Trusting that the foregoing satisfactorily answers your inquiry, we are

Mr. L. L. Roberts, page 2 o-3537

Very truly yours ATTORNM GENERAL OF TEXAS By s/Clarence E. Crowe Clarence E. Crowe Assistant CEC-S-WC

APPROVX3 JUNE 6, 1941

s/Grover Sellers

FIRST ASSISTANT

ATTORNEY GENERAL

Approved Opinion Committee By s/BWB Chairmen