Texas Attorney General Opinion: WW-568 Page: 2 of 5
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Honorable Dorsey B. Hardeman, page 2, (WW-568)
shall be submitted to the qualified voters
of such county at a general or special elec-
tion by the Commissioners Court of such coun-
ty, upon petition of a number of qualified
voters of such county equal to ten (10) per
cent of the number voting for Governor at the
last preceding general election in such coun-
ty, not less than thirty (30) days nor more
than sixty (60) days after the petition is
filed with the Commissioners Court. . . ."
The Optional County Road Law of 1947, as seen from
these portions, is a general law which is available to any
county conforming to its adoptive procedure. It relates
both to county road construction and to maintenance, and
not merely to the latter.
Article III, Section 56, of the Constitution of
the State of Texas provides, among other things, as fol-
lows:
"The Legislature shall not, except as
otherwise provided in this Constitution,
pass any local or special law authorizing:
"Regulating the affairs of counties,
cities, towns, wards or school districts;
ft
"Authorizing the laying out, opening,
altering or maintaining of roads, highways,
streets or alleys;
if
"Creating offices, or prescribing the
powers and duties of officers, in counties,
cities, towns, election or school districts;
II
"And in all other cases where a general
law can be made applicable, no local or spe-
cial law shall be enacted; . . .
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Texas. Attorney-General's Office. Texas Attorney General Opinion: WW-568, text, March 9, 1959; (https://texashistory.unt.edu/ark:/67531/metapth267180/m1/2/: accessed May 30, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.