~~f~a~~r I•aC~e ;~~_~~,~
l~~t:='t~-'(tC.1~;~=~tl_ Cif- Ci_ 1~ I I'at~ ~--is F?`~T S'i F~EF:._i.
Ihi %f~f`1'1"E=(? ~'C? ~ hfl" I:'i_Jf?II`a~"_~ ':7C~1-IClCJi_ F-it:]t.Jl~'.'=
L t..
f"! s't i t"i 1 ` t F1 C? E? t F1 C:I ci j' C} t `'' t? (j'~: i? Rl F? e?'r ~ 1 r} g ::l , ll C} C} 7'1 IYI C} t 7. C} 7-. ni +. Cj r• t~ V
Cv c= m rn i 5 5 1 (3 i"i E? 'i ^ I_..:~ C. I ; k? V , [. r._~ ^ 7l d i? ci (J ~~ !. ; q !]7 i71 1 '~ .: 1 :? 7 ; k' 1'' k__ c-, ~ l !1? ct 7't ~ ~; i-. k'
C~c:~r~t ~_manimously approved by a vote of 4-~-~, tr..~ r_io=,~: f ir-'~t
Str-~~~~~i;.~, fr'c};n Fav~r.t_ie? F~t tt} f~1~.~r~ C~ ~:~nc~ C, 1.~;sc> (;:t1f~ r..•f ~ `~tr~eet ~~~
--. - - ._ ~... .. ... '.-. u
r
o°' ~ n f lea
OFFICE OF THE COUNTY ATTORNEY
KERB COUNTY, TEXAS
COUNTY COURTNOU$8, $UI78 B20
700 EAST MAIN STR88T
KBRRVILL$'I~CAS 78028-5324
~I$LEPHONB (2l0) 896-5338 FAX (2l0) 896-0504
DAVID M. MOTLEY, WtnrtY Arro~,Y ILSB D. BAILBY. Asstsr,~xr Oottrrrr Arrarnsv
August 1, 1994 HAROLD J. DANADRD, AsSaTAPr~ Wu1lI'y ATf'Oi1N6Y
Franklin Johnston
Kerr County Engineer
Kerr County Road & Bridge Department
Spur 100
Kerrville, Texas 78028
Re: County Attorney Opinion 94-13: Closing parts of County Roads Known as First Street
and Avenue B in Center Point During School Hours.
Dear Mr. Johnston:
You have asked this office to address the question of whether the Center Point I.S.D. can
close a public road during school hours, specifically, parts of First Street and Avenue B in
Center Point. You have indicated that these streets are county maintained roads, and are not
part of the state highway system. You have indicated further that the reason for such closure
is to provide for the safety of the numerous children who must cross these streets during the
school day.
Discussion•
I am not aware of any statutory authority that would permit the Center Point I.S.D. to
close roads, or to otherwise regulate traffic on county roads; however, the Kerr County
Commissioners' Court does have the statutory authority to regulate and restrict traffic on county
roads, as long as the ordinances or regulations adopted by the court are not in conflict with state
law. Tex. Rev. Civ. Stat. Ann. arts. 6701d §26 (Vernon 1977), and art. 6702-1
§2.301(a)(1)(Vernon Supp. 1994). For instance, a commissioners' court has the authority to
forbid the use of a county road that cannot be safely used, and may provide for detours.
Given the foregoing, it appears that the Kerr County Commissioners' Court has the
authority to order that the roads in question, or specific parts thereof, be closed to vehicular
traffic during specified times, in the interest of public safety and welfare, as long as the closure
is limited to times when such closing is reasonably necessary, and as long as the court complies
~- with the procedure specified in the statute, which requires publication of notice and public
hearings prior to implementation of the traffic regulation.
If either you or the Center Point I.S.D. wish to pursue this avenue, I suggest that you
have the matter placed on the Commissioners' Court agenda for discussion and/or public hearing
at the earliest possible date.
Very truly yours,
~^
David Motl" y
County Attorney
IB/ib
cc: Hon. William G. Stacy, County Judge
Hon. Ray Lehman, County Commissioner
Hon. T. H. "Butch" Lackey, County Commissioner
Hon. Glenn K. Holekamp, County Commissioner
Hon. Bruce Oehler, County Commissioner
^' OAMON399s13
.•
2