Texas Attorney General Opinion: V-347 Page: 3 of 5
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Hon. V. H. Sagebiel - Page 3 (V-347)
"In ou oPinio there is obviously
not (p A a le which compels the
comm s ioners court to diVie e roa and
bridge fund acoordng to an fixed mathe-
matcal formula, and apportion same in ad-
vance-for the purpose of being expended in
any given preoinot. The use of the word
'eromndd the above citeds case, it is apparent that
athe court makes no distinction as to the type or class
fiction of roads in to eaits cnstruction out of
for ther use arises1A the ordinary ain-
Is-1 aI-ion of fthe county affairs. (A phsFS" S
supplied)
From the above cited case, it is apparent that
the court makes no distinction as to the type or-classi-
fication of roads in regard, to its construction out of
the county road fund, Nor do the later statutes, Article
6674-20, V.C.S., and H. B. No. 21 of the 50th Legislature,
which deal specifically with "farm-to-market" roads, in
any way change the above holding.
On the other hand, it is elementary that the
Commissioners' Court is the agency of the whole county
with each commissioner responsible to more than his own
precinct IHis duties are county-wide; he must safe-
guard the welfare of all the county, and in carrying out
his powers of establishing and maintaining a county road
system, the county road fund may be used in one or all
precincts depending upon the needs of the county. This
should not be taken to mean, however, thatt i is manda-
tory that the Commissioners' Court should look to the
whole county to procure the funds for a right-of-way,
Article 6740, supra, clearly points out that, as nearly
as conditions will allow and as nearly as necessity will
permit, the said funds shall be expended in specific pre-
cincts in proportion to the amount collected therein. In
this regard, also, the Shivers case, supra, explains:
" *. the commissioners court must
give effect to said article 6740 except when
the necessities of the roads and bridges re-
quire a departure from it. That article re-
quires that the road and bridge funds of all
counties shall be judiciously and equitably
expended, It further requires that such
funds shall, as nearly as the condition and
necessity of the roads wil) permit, be ex-
pended in each commissioners precinct in pro-
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-347, text, August 16, 1947; (https://texashistory.unt.edu/ark:/67531/metapth265166/m1/3/: accessed April 18, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.