Could the Texas Highway Commission temporarily close an Interstate 35E frontage road in Dallas for a grand prix race?

Texas AG Opinion JM-507: Closing an I-35E Frontage Road for a Grand Prix

Plain-English summary

The chairman of the State Department of Highways and Public Transportation asked whether the Texas Highway Commission could temporarily close part of the Interstate 35E frontage road in downtown Dallas for an inter-city grand prix planned for June 19 through 21, 1987. The official opinion described the request as whether the commission could close the road "for the purpose of allowing its use for an inter-city 'grand prix' race." Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

The Attorney General answered yes. Article 6674w-1 authorized the commission to "lay out, construct, maintain, and operate a modern State Highway System" and specifically allowed it to control access to a controlled-access highway and "to close any such public or private way" near an intersection with that highway. Because Interstate 35E was a controlled-access highway, the opinion found "ample authority" for the temporary closure. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

The opinion also addressed article 6701d, section 185(a), which prohibited racing and speed contests on highways. The same law defined a highway as a publicly maintained way while any part was "open to the use of the public for purposes of vehicular travel." The Attorney General concluded that a segment validly closed to the public ceased to be a highway during the closure, so section 185(a) did not apply there. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

Currency note

This opinion was issued in 1986. Subsequent statutory amendments, court decisions, or later AG opinions may have changed the analysis. Treat this page as historical context, not current legal advice. Verify current law before relying on any specific rule, deadline, or remedy mentioned here.

Common questions

Could the Highway Commission close an I-35E frontage road for the race?

Yes. JM-507 said article 6674w-1 gave the commission "ample authority" to close the frontage-road segment temporarily because Interstate 35E was a controlled-access highway. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

Did the Texas ban on racing on highways prevent the grand prix?

No, under the opinion's reasoning. Once the commission validly closed the segment so it was no longer open to the public, that segment ceased during the closure to be a "highway" under article 6701d, section 13(a). Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

Was the conclusion limited to controlled-access roads?

The opinion relied on Interstate 35E's status as a "controlled access highway" and on article 6674w-1's express powers over access points and intersecting public ways. It did not decide the commission's authority over every type of road or closure. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

Background and statutory framework

Article 6674w-1 placed the state highway system under the Highway Commission's operation and gave the commission specific authority over controlled-access highways. JM-507 quoted Texas Highway Commission v. El Paso Building & Construction Trades Council, 234 S.W.2d 857, 859 (Tex. 1950), for the proposition that the state had placed management of its highway system under the commission's "direct and exclusive control." Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

Article 6701d, section 185(a), prohibited a person from driving or participating in a race, speed competition, acceleration contest, endurance test, or speed exhibition on a highway. Section 13(a) defined "highway" by whether a publicly maintained way was open to public vehicular travel. JM-507 treated that open-to-the-public element as dispositive during a valid temporary closure. Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

Citations and references

• V.T.C.S. art. 6674w-1
• V.T.C.S. art. 6674w-1, subdiv. 2(a)-(d)
• V.T.C.S. art. 6701d, §§ 13(a), 185(a)
• Texas Highway Commission v. El Paso Building & Construction Trades Council, 234 S.W.2d 857, 859 (Tex. 1950)

Source: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

Source

• Landing page: https://www.texasattorneygeneral.gov/opinions/jim-mattox/jm-0507
• Original PDF: https://www.texasattorneygeneral.gov/sites/default/files/opinion-files/opinion/1986/jm0507.pdf

Original opinion text

Best-effort transcription from a scanned PDF via OCR. Minor OCR errors may remain; the linked PDF is authoritative.

The Attorney General of Texas

JIM MATTOX
Attorney General

June 25, 1986

Mr. Robert C. Lanier
Chairman
State Department of Highways and Public Transportation
11th and Brazos Streets
Austin, Texas 78701

Opinion No. JM-507

Re: Whether the Texas Highway Commission may temporarily close a portion of the Interstate 35E frontage road in Dallas for the purpose of allowing an inter-city "grand prix" race

Dear Mr. Lanier:

You have requested our opinion regarding the authority of the Texas Highway Commission to close temporarily a portion of the Interstate 35E frontage road in downtown Dallas for the purpose of allowing its use for an inter-city "grand prix" race on June 19, 20, and 21, 1987.

The Texas Highway Commission is authorized by article 6674w-1, V.T.C.S., to "lay out, construct, maintain, and operate a modern State Highway System. . . ." (Emphasis added). In the absence of indication of contrary legislative intent, we believe it is clear that this provision empowers the commission to adopt regulations governing the day-to-day operation of the state highway system, and all portions thereof. As the Supreme Court declared in Texas Highway Commission v. El Paso Building and Construction Trades Council, 234 S.W.2d 857, 859 (Tex. 1950),

[t]he State has created a Highway Commission, and has placed under its direct and exclusive control the management of its highway system.

Id. at 859. Furthermore, the commission is specifically empowered, inter alia,

(a). To designate any existing or proposed State Highway, of the Designated State Highway System, or any part thereof, as a Controlled Access Highway;

(b). To deny access to or from any State Highway, presently or hereafter designated as such . . . which may be hereafter duly designated as a Controlled Access Highway, from or to any lands, public or private, adjacent thereto, and from or to any streets, roads, alleys, highways or any other public or private ways intersecting any such Controlled Access Highway, except at specific points designated by the State Highway Commission; and to close any such public or private way at or near its point of intersection with any such Controlled Access Highway;

(c). To designate points upon any designated Controlled Access Highway, or any part of any such highway, at which access to or from such Controlled Access Highway shall be permitted, whether such Controlled Access Highway includes any existing State Highway or one hereafter constructed and so designated;

(d). To control, restrict, and determine the type and extent of access to be permitted at any such designated point of access. . . .

V.T.C.S. art. 6674w-1, subdiv. 2(a)-(d). Interstate 35E is clearly a "controlled access highway." Accordingly, the commission is specifically authorized "to close any such public . . . way," i.e., the Interstate 35E frontage road, "at or near its point of intersection with" Interstate 35E. In our opinion, the foregoing provisions furnish ample authority for the commission to close temporarily a portion of the Interstate 35E frontage road.

You express concern about section 185(a) of article 6701d, V.T.C.S., which provides:

No person shall drive any vehicle in any race, speed competition or contest, drag race or acceleration contest, test of physical endurance, exhibition of speed or acceleration, or for the purpose of making a speed record, and no person shall in any manner participate in any such race, competition, contest, test, or exhibition.

We assume that this statute is limited in application to "highways." "Highway" is defined in section 13(a) of article 6701d, V.T.C.S., as

[t]he entire width between the boundary lines of every way publicly maintained when any part thereof is open to the use of the public for purposes of vehicular travel.

If the commission validly closes a portion of a state highway between two specific points, so that it is not open to the public, that portion so closed ceases during the period of closing to be a "highway" for purposes of section 13(a). As a result, section 185(a) is not applicable thereto.

In conclusion, it is our opinion that the Texas Highway Commission is authorized to close temporarily a portion of the Interstate 35E frontage road in Dallas for the purpose of permitting its use in an inter-city "grand prix" race.

SUMMARY

The Texas Highway Commission is authorized to close temporarily a portion of the Interstate 35E frontage road in Dallas for the purpose of permitting its use in an inter-city "grand prix" race.

JIM MATTOX
Attorney General of Texas

JACK HIGHTOWER
First Assistant Attorney General

MARY KELLER
Executive Assistant Attorney General

RICK GILPIN
Chairman, Opinion Committee

Prepared by Erik Moebius
Assistant Attorney General