Texas Attorney General Opinion: O-5262 Page: 4 of 6
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321
onorabl Joe Nelson, pge
of the State Highway Systm. Further, there being
no evident intention by the Iigh way Coasission of
rdesoignating suoh road as a part of the Highway
B~stem, we think the exception provided in subno-
n (a) of Seotion 8, garagrap 8. inapplioable
to this isue of bonds.
le have not bean furnished with any fts W ahich wou3A
authorizs a modification of Opinion 0- 4, esapt that the road
has been redesignatd and the bonds which were outanding at the
time the State asmed maintenance have been granted paticipa-
tion in the one-oent (1$) gasoline tax.
uhen the DaytonColevelan road was designated as a State
Highway in 198 there were no outstanding obligtion. Bonds
had been voted in 1929 but they bhad not been sold, hence did not
*onstitute 'outstandngZ obflgato s*Suubsection (a) of Sec-
tion 8 of the "Bond Asamption At' provides that "all bonds,
warrants or other evidences of indebtedness heretofore issued
by counties or defined road distriots of this State, which mature
on or after January 1, 5 . ~ tar ~ amounts of were a-
S and the ro er act Iprl~tiLC~IEn consB~ion
o a s anr amprjsd Pa partf the system or
designated State Highways on September 17, 19958 on e." No bonds
were ssued and outstanding, nor had the proceeds of any bonds
been actually expended on this road at the time of the 1932 do"
signation. In our opinion "eligible bonds" are bonds which were
outstanding at the tine the road was a part of the designated
State Highway System.
Theb oount submitsfe a list of bonds which were made eli-
sibl by certain nuno pro tun" orders and asserts that their
cL aims are not as strong as that of Liberty County. It is not
shown that any of those bonds were not outstanding obUigations
on the respective dates of designatiaon as a part of the Highway
In our Opinion No. 0*1942 se saidI1
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-5262, text, May 10, 1943; (https://texashistory.unt.edu/ark:/67531/metapth262530/m1/4/: accessed July 16, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.