Texas Attorney General Opinion: O-3831 Page: 2 of 3
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151
Honorable Homer Garrison, Jr., Page 2
conformity with the requirements of this Act.
Upon such application being made, the Stat* Highway
Commission shall, upon notioe to the applioant,
submit suoh lena, reflootor or headlight control
device to the testing agency as herein designated
with the request that such device be tested as to
conformity with the requirements of this Act. Each
such applicant shall, upon the filing of his applioa-
tion, pay to the State Highway Commission a fee of
fifty dollars. All suoh fees shall be paid by
the State Highway Commission into the State Treasury,
and they shall be deposited in a fund to be known
as the Highway Light Test Fund, and the ta e Treasurer
shall keep such fund separate. The moneys in such
finmd, or so much of h1hm as may be necessary, shall
b uased to meet the expense of the tests as aerein
provided, and for uoch use they are hereby appropriated,
and the balance thereof, if any, shall be paid into
the State Highway Fund, Moneys in the Highway Light
Test iund shall be spent under the direction of the
State Highway Commission, dnd may be spent only to
defray the expenses of testing by the to-sting agency
herein provided for."
In an opinion dated May 3, 1938, addressed to the
Honorable Julian Montgomery, State Highway Departmeat, and
written by assistant Attorney General . B. Pope, this de-
partment held that the duty of providing for testing and
approving Lighway lightin6 devices under Article 6701 was
transferred to the Department of ubli S safety at the time
that department was created by the Legislature and the State
Highway Yatrol transferred to it.
Consequently, after this transfer for the term
originally used in the not "State highway Commission",
there must, after such transfer, be substituted the words
*Department of Publio Safety". Your first question is
therefore answered in the affirmative, since we find an
appropriation of this fund for the balance of the present
bienniun, made by H. B. 570, Acts Forty-seventh Leiflature.
Your second question is likewise answered in the
affirmative. The expenses to be incurred on this trip, inour opinion, are expenses properly incident to the discharge
of the duty of testing by the official agency, to-wit,theL
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Texas. Attorney-General's Office. Texas Attorney General Opinion: O-3831, text, August 2, 1941; (https://texashistory.unt.edu/ark:/67531/metapth261070/m1/2/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.