Texas Attorney General Opinion: O-962 Page: 2 of 2
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Hon. Bill S. Watkins, page #2.
roposition submitted to the electors. Aransas County v.
oleman-Fulton Pasture Company, 191 SoW. 553, Heathman v.
Singletary, 12 S.W. (2d) 150, Huggins v. Baden, 259 S.W.
204.
It follows that where a departure from the proposi-
tion appearing on the ballot paper is alleged, the only ques-
tion is whether the expenditure contemplated is within or
without the proposition upon its true construction. Adams v.
Mullen, 244 S. W. 1083.
Construing propositions to this end, it has been
held by the courts that "road" includes a bridge constituting
a necessary length in the road, and that "turnpikes" means
hard-surfaced roads. Aransas County v. Coleman-Fulton Pasture
Company and Adams v. Mullen, supra.
The Attorney General's office has held in an opinion
written by the Honorable Scott Gaines, former Assistant Attor-
ney General, that road bond money may be used in construction
of the proper drains and ditches when such are appropriately
and incidentally connected with the construction of the road
proper.
And by an analogy of reasoning we see no reason why
it would not be held that a survey is necessary in the "acqui-
sition of the right-of-way."
Therefore, it is the opinion of this department that
if the Commissioners' Court desires to pay the fee charged by
the engineer for making a survey of the road, it may enter an
order finding that the survey was necessary to the acquisition
of the right-of-way, and may legally pay for same out of the
bond money.
However, we want it clearly understood that we are
not holding that the Commissioners' Court must assume the debt
set out in your letter, but the fact that a survey is neces-
sary to the "acquisition of a right-of-way", they may assume
the debt if they so desire.
Trusting that this answers your question, we remain
APPROVED JUL 14, 1939 Very truly yours
s/ W. F. Moore ATTORNEY GENERAL OF TEXAS
FIRST ASSISTANT By /s/ Claud 0. Boothman
ATTORNEY GENERAL Claud 0. Boothman, Assistant
APPROVED: OPINION COMMITTEE
BY: WRK, CHAIRMAN
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-962, text, 1939; (https://texashistory.unt.edu/ark:/67531/metapth258143/m1/2/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.