Texas Attorney General Opinion: O-4023 Page: 3 of 4
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Honorable Bill S. Watkins, PBe 5
lateral roads of the county, regardless
Sof preoinct, should be improved or con-
struoted, the cost of such improvement or
construction to be paid front the county
lateral road fund."
Apparently you have reference to money allocated
to your county from the Lateral Road Account, by the Board
of County and District Road Indobtedness. The Commissianers'
Court has exorcised its option no to one of the specified
uses of said money as permitted by Article 8668747, Vernon's
Annotated Civil Statutes, namely, the construction of
lateral roads in said county. For the purposes of this
opinion, we must assume that the :provisions of Article
6974q-7, supra, have been complied with relative to notioe
to the Board, by the Commissioners' Court, showing the manner
in which the Court has exercised its option, eto..
When the Commiasieners' Court has exercised its
option and.determined that the money received from the Lateral
Road Account shall be used for the construction of lateral
roads in the county, the statute places no restriction or
limitation on the Commissioners' Court regarding the manner
in which such money is to be e ptcded except "the same ashall
be utilized by the county, aotin: thro.Sh the Commissionerst
Court, for the construction of lateral roads." This being
true, nee think the Comissioners' Court is authorized to
e.pend the above mentioned noney for the construction of
lateral roads in the county, as the court nay in its dis*
It is our opinion that the Commissioners' Court of
the county acting in its official capacity can legally
divide the above mentioned money amon the four commissioners'
precincts; provided, of course, that all of said moz.ey is
Stused for the construction of lateral roads in the various
*cncts. It is our further opbthion that it is wholly
v:ir.t. the discretion of the Cor~isioners' Court whether
or not the money is to be equally divided amons the @ommis-
ni.oners' precincts In short, we think that after the money
has been allocated to the county and the Commnissioners' Court
has exercised its option, as provided by Article 8674q-7,
:upra, to use said money for the pur-ose of construittg
lateral roads therein, the Commissioners' Court is legally
authorized to expend such money for the purpose a .ove men-
tioned, namely, the construction of lateral roads, as said
court deems proper. In other words, the Commissioners' Court
ccn expead all of such money in one commissioner's precinct
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-4023, text, 1941; (texashistory.unt.edu/ark:/67531/metapth261264/m1/3/: accessed December 19, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; crediting UNT Libraries Government Documents Department.