Texas Attorney General Opinion: GA-0576 Page: 1 of 4
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ATTORNEY GENERAL OF TEXAS
GREG ABBOTT
October 9, 2007
The Honorable Mike Jackson Opinion No. GA-0576
Chair, Committee on Nominations
Texas State Senate Re: Whether under article III, section 52(b) and (c)
Post Office Box 12068 of the Texas Constitution a county may use road
Austin, Texas 78711-2068 bond funds to construct, maintain, or operate a
municipal street that connects on only one end with
a county road or state highway (RQ-0598-GA)
Dear Senator Jackson:
On behalf of Galveston County, you ask whether under article III, section 52(b) and (c) of
the Texas Constitution a county may use road bond funds to construct, maintain, or operate a
municipal street that connects on only one end with a county road or state highway, in light of City
of Breckenridge v. Stephens County and Attorney General Opinion No. JC-0036.1 See City of
Breckenridge v. Stephens County, 40 S.W.2d 43 (Tex. 1931); Tex. Att'y Gen. Op. No. JC-0036
(1999).
Article III, section 52(b) and (c) authorizes a county's use of bond funds to construct,
maintain, or operate roads:
(b) Under Legislative provision, any county ..., upon a vote
of two-thirds majority of the voting qualified voters of [the county],
may issue bonds or otherwise lend its credit in any amount not to
exceed one-fourth of the assessed valuation of the real property of
[the county],... and levy and collect taxes to pay the interest thereon
and provide a sinking fund for the redemption thereof, as the
Legislature may authorize, and in such manner as it may authorize the
same, for the following purpose[] ... :
(3) The construction, maintenance and operation of
macadamized, graveled or paved roads and turnpikes, or in aid
thereof.
'See Letter from Honorable Mike Jackson, Chair, Committee on Nominations, Texas State Senate, to Honorable
Greg Abbott, Attorney General of Texas (June 29, 2007) (on file with the Opinion Committee, also available at
http://www.oag.state.tx.us) [hereinafter Request Letter].
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Texas. Attorney-General's Office. Texas Attorney General Opinion: GA-0576, text, October 9, 2007; (https://texashistory.unt.edu/ark:/67531/metapth275472/m1/1/: accessed April 25, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.