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Texas Attorney General

Mixed bag legal opinion over co-mingling of funds for toll roads
Mixed bag legal opinion over co-mingling of funds for toll roads
Attorney General can’t figure out what a toll road is
By Terri Hall
May 19, 2018

Texas Attorney General Ken Paxton issued a mixed legal opinion regarding whether or not Prop 1 and Prop 7 funds that are prohibited from being used on toll roads could be co-mingled with projects that have toll lanes in them. Rep. Joe Pickett requested the opinion in response to the public backlash when it was discovered the Central Texas Regional Mobility Authority was attempting to use Prop 1 and Prop 7 funds on its US 183 toll project.

To the average voter, when it states: “Revenue transferred to the state highway fund under this subsection may be used only for constructing, maintaining, and acquiring rights-of-way for public roadways other than toll roads,” it’s pretty clear that means any part of a road, including the right of way, cannot be a toll road. But apparently that’s not clear to the Attorney General whose legal opinion chose to punt rather than protect taxpayers from an accounting trick being used by toll bureaucrats to skirt the Texas Constitutional Amendments overwhelmingly approved by Texas voters in 2014 and 2015.