Texas Attorney General Opinion: JM-892 Page: 2 of 10
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Honorable Neal E. Birmingham - Page 2 (JM-892)
fuel pumps at a business establishment owned by the com-
missioner's son. You add that the commissioners court did
not specifically approve the project. The city council
did not request the county's assistance on the project,
although you suggest that the mayor may have requested
such assistance from the commissioner. It is also alleged
that the project was completed in a manner that complies
with article 2352j.
The question you have submitted for our consideration
is whether a county commissioner, acting as ex officio
precinct road commissioner, may use county equipment,
materials, and employees to open up and lay out an
alleyway within the corporate limits of a city when the
alleyway forms no part of the county road system. You
also ask us to determine whether the actions described in
your letter are lawful and, if they are not, what
sanctions are available to deter such actions in the
future.
With respect to your two final requests, we must
first note that the procedures instituted by subchapter C
of chapter 402 of the Government Code do not clothe this
office with the authority to make findings of fact in the
course of rendering an Attorney General's Opinion. We
therefore assume the facts are as you present them, and
express no opinion regarding the accuracy of any of the
allegations made in your letter requesting this opinion.
Also, this office will not in an Attorney General's
Opinion presume to advise your office on the proper
exercise of prosecutorial discretion or on the avail-
ability of a remedy in a particular case. But see Govt.
Code 402.043 (attorney general shall advise a district
or county attorney regarding cases before district or
inferior courts in which the state is interested on the
attorney's request and after his investigation and submis-
sion of a brief to this office). Accordingly, this opinion
is confined to the narrow legal issues presented by your
first question.
County commissioners serve as ex officio road commis-
sioners pursuant to chapter 3, subchapter A of article
6702-a, V.T.C.S. Subchapter A applies to a county only if
the commissioners court adopts the subchapter by an order
of the court at a meeting where all members are present.
V.T.C.S. art. 6702-1, 3.004(b). The relevant powers and
duties of the commissioners court and ex officio road
commissioners are set forth in the following provisions:p. 4371
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-892, text, April 13, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273330/m1/2/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.