Texas Attorney General Opinion: V-1424 Page: 4 of 4
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S Hon. Homer L. Moss, page 4 (V-1424)
shall be maintained, repaired, and im-
proved when necessary, as the conditions
may require, regardless of the precinct
in which same may be located, so far as
the funds will equitably justify. This
being true, we think that a commissioners
court cannot voluntarily disable itself
from performance of this general obliga-
tion by arbitrarily dividing the road
and bridge fund according to some fixed
standard, and apportioning same to be
expended in a particular precinct, to
the detriment of roads and bridges in
other precincts." (103 S.W.2d at 366)
Since it is the duty of the commissioners'-
court to maintain and repair county roads as a whole,
it had the authority to authorize the work outlined
in your request, without the consent of the resident
commissioner, and charge to the allotment of that
precinct the amount of money expended.
SUMMARY
.The commissioners' court has author-
ity to charge to the allotment of the road
and bridge fund of one precinct money ex-
pended on roads situated in that precinct
by a commissioner of another precinct pro-
vided such expenditure was authorized by
the commissioners' court. Canales v.
Laughlin, 147 Tex. 169, 214 S.W.o2d451
(1948-);-Stovall v. Shivers, 129 Tex. 256,
103 S.W.2d 363 (1937).
Yours very truly,
APPROVED: PRICE DANIEL .
Attorney General
J. C. Davis, Jr.
County Affairs Division
E. Jacobson ,..
Reviewing Assistant John Reeves
Assistant
Charles D. Mathews
First Assistant497- 7 1 T.?2p~c
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Texas. Attorney-General's Office. Texas Attorney General Opinion: V-1424, text, March 28, 1952; (https://texashistory.unt.edu/ark:/67531/metapth266242/m1/4/: accessed April 26, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.