Texas Attorney General Opinion: GA-1014 Page: 1 of 4
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ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
July 22, 2013
The Honorable Elton R. Mathis Opinion No. GA-1014
Waller County Criminal District Attorney
645 12th Street Re: Whether counties operating under the
Hempstead, Texas 77445 County Road Department System may
accept money from private entities in
exchange for agreeing to repair or improve
county roads designated by the private
entities (RQ-1 111-GA)
Dear Mr. Mathis:
You inquire about the authority of Waller County (the "County") to accept monetary
donations from private entities in exchange for maintenance of roads designated by the entities.'
In describing a proposed agreement, you state that "[t]here are several private companies that
wish to donate money for materials to the county to repair and improve a particular public road
as designated by the private companies." Request Letter at 1. You tell us that "[i]n
consideration for the donations, the county would agree to expend county labor and equipment to
work on the specific roads under the agreement and to complete the work in a set amount of
time." Id. You indicate that the County operates under subchapter D, chapter 252, of the
Transportation Code, which provides for the County Road Department System. Id. at 2. You
ask whether the County may make use of donation provisions from the other subchapters of
chapter 252. See Request Letter at 3. You also ask generally about the County's authority to
enter into the proposed agreement. See id.
Subchapter D, chapter 252, is one of four optional, alternative statutory systems for the
administration of county roads. See TEX. TRANSP. CODE ANN. 252.301-.313 (West 1999 &
Supp. 2012); see also id. 252.001-.216 (West 1999) (setting out three other systems for
county road administration). The two donation provisions to which you refer-sections 252.109
and 252.214-provide for the county to accept "donations of labor, money, or other property to
aid in building or maintaining roads in the county." Id. 252.109, .214. Contained in
'See Letter from Honorable Elton R. Mathis, Waller Cnty. Criminal Dist. Att'y, to Honorable Greg Abbott,
Tex. Att'y Gen. at 1 (Feb. 14, 2013), http://www.texasattorneygeneral.gov/opin ("Request Letter").
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-1014, text, July 22, 2013; (https://texashistory.unt.edu/ark:/67531/metapth1050971/m1/1/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.