reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter C. County Bridges › Section 251.081. General Authority to Erect and Maintain Bridges

Sec. 251.081.  GENERAL AUTHORITY TO ERECT AND MAINTAIN BRIDGES.  The commissioners court of a county may erect and maintain any necessary bridge in the county and make any necessary appropriation for that purpose.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter C. County Bridges › Section 251.082. Erection of Joint County Bridges

Sec. 251.082.  ERECTION OF JOINT COUNTY BRIDGES.  On equitable terms agreed to by the commissioners courts of the counties, two or more counties jointly may erect a bridge over a stream that forms the boundary between counties or at any other location at which the counties choose to erect a bridge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter C. County Bridges › Section 251.083. Erecting and Maintaining Bridge in Municipality

Sec. 251.083.  ERECTING AND MAINTAINING BRIDGE IN MUNICIPALITY.  (a)  The commissioners court of a county may erect a bridge in a municipality in the manner authorized by law for the erection of a bridge outside a municipality.
(b)  The commissioners court and the governing body of the municipality may agree to erect the bridge jointly.  The county or the municipality may issue bonds to pay its proportionate share of any resulting debt.
(c)  The commissioners court of a county that owns a bridge located in a municipality shall maintain the bridge in good condition.  The duty imposed by this subsection does not affect the municipality's liability for an injury caused by a defective condition of the bridge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter D. Acquisition of Right-of-Way for County Roads › Section 251.101. Condemnation for County Road in Municipality

Sec. 251.101.  CONDEMNATION FOR COUNTY ROAD IN MUNICIPALITY.  (a)  A county may exercise the power of eminent domain in a municipality with the prior consent of the governing body of the municipality to condemn and acquire real property, a right-of-way, or an easement in public or private real property that the commissioners court determines is necessary or convenient to any road that forms or will form a connecting link in the county road system or in a state highway.
(b)  This section does not authorize the condemnation of property used for cemetery purposes.
(c)  A condemnation proceeding under this section must be instituted under the direction of the commissioners court and in the name of the county.  The procedure established by Chapter 21, Property Code, governs condemnation under this section.
(d)  An appeal from the finding and assessment of damages by the condemnation commissioners may not suspend work by the county in connection with which the real property, right-of-way, or easement is sought to be acquired.  In an appeal, the county is not required to give a bond for costs or other purposes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter D. Acquisition of Right-of-Way for County Roads › Section 251.102. Cost of Relocating or Adjusting Utility Facility

Sec. 251.102.  COST OF RELOCATING OR ADJUSTING UTILITY FACILITY.  A county shall include the cost of relocating or adjusting an eligible utility facility in the expense of right-of-way acquisition.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter D. Acquisition of Right-of-Way for County Roads › Section 251.103. Relocating Water Line

Sec. 251.103.  RELOCATING WATER LINE.  A county may pay for relocating a water line owned by a water control and improvement district if:
(1)  the relocation is necessary to complete construction or improvement of a farm-to-market road as described by Section 256.008;  and
(2)  the district agrees to pay the county for the relocation costs:
(A)  within 20 years;  and
(B)  with interest at a rate equal to the rate paid by the county on its road and bridge fund time warrants.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.151. Authority of Commissioners Court to Regulate Certain Roads

Sec. 251.151.  AUTHORITY OF COMMISSIONERS COURT TO REGULATE CERTAIN ROADS.  (a)  The commissioners court of a county may regulate traffic on a county road or on real property owned by the county that is under the jurisdiction of the commissioners court.
(b)  Under the terms of an interlocal contract under Section 791.036, Government Code, the commissioners court of a county may:
(1)  by order apply the county's traffic regulations to a public road in the county that is owned, operated, and maintained by a special district and located wholly or partly in the county; and
(2)  provide for the enforcement of the regulations.
(c)  A public road that is subject to an order under Subsection (b) is considered to be a county road for purposes of applying a traffic regulation to the public road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1211 (S.B. 1411), Sec. 2, eff. June 14, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1236 (S.B. 1296), Sec. 21.002(30), eff. September 1, 2015.
Acts 2019, 86th Leg., R.S., Ch. 119 (S.B. 2245), Sec. 2, eff. May 22, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.152. Public Hearing Required

Sec. 251.152.  PUBLIC HEARING REQUIRED.  (a)  Except as provided by Section 251.159, before the commissioners court may issue a traffic regulation under this subchapter, the commissioners court must hold a public hearing on the proposed regulation.
(b)  The commissioners court shall publish notice of the hearing in a newspaper of general circulation in the county.  The notice must be published not later than the seventh or earlier than the 30th day before the date of the hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.153. Load Limits on County Roads and Bridges

Sec. 251.153.  LOAD LIMITS ON COUNTY ROADS AND BRIDGES.  (a)  The commissioners court of a county may establish load limits for any county road or bridge in the manner prescribed by Section 621.301.
(b)  The commissioners court may authorize a county traffic officer, sheriff, deputy sheriff, constable, or deputy constable to weigh a vehicle to ascertain whether the vehicle's load exceeds the limit prescribed by the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1227, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.154. Maximum Reasonable and Prudent Speeds on County Roads

Sec. 251.154.  MAXIMUM REASONABLE AND PRUDENT SPEEDS ON COUNTY ROADS.  (a)  The commissioners court of a county, by order entered on the minutes of the court, may determine and set a maximum reasonable and prudent speed for a vehicle travelling on any segment of a county road, including a road or highway intersection, railroad grade crossing, curve, or hill.
(b)  In determining the maximum reasonable and prudent speed, the commissioners court shall consider all circumstances on the affected segment of the road, including the width and condition of the road surface and the usual traffic on the road.
(c)  The maximum reasonable and prudent speed set by the commissioners court under this section may be lower than the maximum speed set by law for a vehicle travelling on a public highway.
(d)  A speed limit set by the commissioners court under this section is effective when appropriate signs giving notice of the speed limit are installed on the affected segment of the county road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.155. Restricted Traffic Zones

Sec. 251.155.  RESTRICTED TRAFFIC ZONES.  (a)  The commissioners court of a county may adopt regulations establishing a system of traffic control devices in restricted traffic zones on:
(1)  property described by Section 251.151(a); and
(2)  property abutting a public road that is the subject of an order under Section 251.151(b) if the property is owned by the district that is subject to the order or is a public right-of-way.
(b)  A system of traffic control devices adopted under this section must conform to the manual and specifications of the Texas Department of Transportation.
(c)  The commissioners court by order entered on its minutes may install and maintain on property to which this section applies any traffic signal light, stop sign, or no-parking sign that the court considers necessary for public safety.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1211 (S.B. 1411), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.156. Parking Restrictions

Sec. 251.156.  PARKING RESTRICTIONS.  (a)  The commissioners court of a county by order may have signs installed that prohibit or restrict the stopping, standing, or parking of a vehicle in a restricted traffic zone on property described by Section 251.151, if in the opinion of the court the stopping, standing, or parking:
(1)  is dangerous to those using the road or property;  or
(2)  will unduly interfere with:
(A)  the free movement of traffic;  or
(B)  the necessary control or use of the property.
(b)  The commissioners court of a county by order may provide that in a prosecution for an offense involving the stopping, standing, or parking of an unattended motor vehicle in a restricted traffic zone on property described by Section 251.151 it is presumed that the registered owner of the vehicle is the person who stopped, stood, or parked the vehicle at the time and place the offense occurred.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1080, Sec. 1, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.157. Prohibiting or Restricting Use of Road

Sec. 251.157.  PROHIBITING OR RESTRICTING USE OF ROAD.  (a)  In this section, "road supervisor" means a person authorized to supervise roads in a county or in a district or precinct of a county.
(b)  A road supervisor may prohibit or restrict, if an alternative, more suitable road is available within the county at the time, the use of a road or a section of a road under the supervisor's control by any vehicle that will unduly damage the road when:
(1)  because of wet weather or recent construction or repairs, the road cannot be safely used without probable serious damage to it; or
(2)  a bridge or culvert on the road is unsafe.
(c)  Before prohibiting or restricting the use of a road under this section, the road supervisor shall post notices that state the road and the expected duration of the prohibition or restriction, and identify the alternate route.  The notices must be posted at locations that enable drivers to detour to avoid the restricted road.
(d)  The road supervisor may not prohibit the use of a road under this section until a detour has been provided.
(e)  If the owner or operator of a vehicle that is prohibited or restricted from using a road under this section is aggrieved by the prohibition or restriction, the person may file with the county judge of the county in which the restricted road is located a written complaint that sets forth the nature of the grievance.  On the filing of the complaint the county judge promptly shall set the issue for a hearing to be held not later than the third day after the date on which the complaint is filed.  The county judge shall give the road supervisor, the county engineer, and the commissioners court written notice of the date and purpose of each hearing.
(f)  The county judge shall hear testimony offered by the parties.  On conclusion of the hearing, the county judge shall sustain, revoke, or modify the road supervisor's decision on the prohibition or restriction.  The county judge's judgment is final as to the issues raised.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1019 (H.B. 2612), Sec. 1, eff. June 14, 2013.
Acts 2013, 83rd Leg., R.S., Ch. 1019 (H.B. 2612), Sec. 2, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.1575. Prohibiting Use of Road for Certain Vehicles

Sec. 251.1575.  PROHIBITING USE OF ROAD FOR CERTAIN VEHICLES.  (a)  A commissioners court may identify an alternate route to a road and require heavy vehicles having a gross weight of more than 60,000 pounds to travel the alternate route in order to prevent excessive damage to the road due to the volume of traffic by such heavy vehicles.  An alternate route identified under this subsection must be:
(1)  of sufficient strength and design to withstand the weight of the vehicles traveling the alternate route, including any bridges or culverts along the road; and
(2)  located within the same county as the road described by this subsection.
(b)  Notice of the prohibition must be provided in the same manner as for a prohibition or restriction under Section 251.157.
(c)  A person who is required to operate or move a vehicle or other object on an alternate route identified under this section is not liable for damage sustained by the road, including a bridge, as a result of the operation or movement of the vehicle or other object, unless the act, error, or omission resulting in the damage constitutes:
(1)  wanton, wilful, and intentional misconduct; or
(2)  gross negligence.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1019 (H.B. 2612), Sec. 3, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.158. Temporary Use of County Road for Festival or Civic Event

Sec. 251.158.  TEMPORARY USE OF COUNTY ROAD FOR FESTIVAL OR CIVIC EVENT.  (a)  The commissioners court of a county by order may permit the temporary use of a county road located in an unincorporated area of the county for a civic event, including a festival.
(b)  The court by order shall establish procedures for the temporary diversion of traffic from the road being used for the event.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.159. Delegation of Commissioners' Authority

Sec. 251.159.  DELEGATION OF COMMISSIONERS' AUTHORITY.  (a)  This section applies only to a county with a population of more than 78,000.
(b)  The commissioners court of a county may delegate to the county engineer or other county employee any function of the commissioners court under this subchapter, except as provided by Subsection (e).  An action of the county engineer or other county employee under this section has the same effect as if the action were an action of the commissioners court.
(c)  Before issuing a traffic regulation under this subchapter, the commissioners court, in lieu of publishing notice required by a law other than this subchapter, may give notice of the proposed regulation by posting a conspicuous sign in any location to be affected by the regulation.
(d)  The commissioners court is not required to hold a public hearing on the proposed traffic regulation unless a resident of the county requests a public hearing.  The request must be in writing and made before the eighth day after the later of:
(1)  the date that the sign is posted;  or
(2)  the date that the notice under Section 251.152 is published.
(e)  If a public hearing is requested, the commissioners court may not delegate the duty to hold the hearing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 885, Sec. 1, eff. June 18, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 780 (H.B. 3955), Sec. 1, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.160. Liability of Owner or Operator for Road Damage

Sec. 251.160.  LIABILITY OF OWNER OR OPERATOR FOR ROAD DAMAGE.  (a)  A person who operates or moves a vehicle or other object on a public road or bridge and the owner of the vehicle or other object are jointly and severally liable for damage sustained by the road or bridge as a result of the negligent operation or moving of the vehicle or other object or as a result of the operation or movement of the vehicle at a time prohibited by the officials with authority over the road.
(b)  The county judge by appropriate legal action may recover damages for which liability is provided by this section.  The county attorney shall represent the county in an action under this subsection.  Damages collected under this subsection are for the use of the county to benefit the damaged road or bridge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 251 - General County Authority Relating to Roads and Bridges › Subchapter E. County Traffic Regulations › Section 251.161. Violations of Subchapter; Offense

Sec. 251.161.  VIOLATIONS OF SUBCHAPTER;  OFFENSE.  (a)  A person commits a misdemeanor offense if the person:
(1)  stops, stands, or parks a vehicle in violation of a restriction stated on a sign installed under Section 251.156;
(2)  defaces, injures, knocks down, or removes a sign or traffic control device installed under an order of the commissioners court of a county issued under this subchapter;
(3)  operates a motor vehicle in violation of an order of the commissioners court entered under this subchapter;  or
(4)  otherwise violates this subchapter.
(b)  An offense under this section is punishable by a fine not to exceed $200.
(c)  If conduct that constitutes an offense under this section also constitutes an offense under any other law, the actor may be prosecuted under this section or the other law.
(d)  Repealed by Acts 2007, 80th Leg., R.S., Ch. 806, Sec. 2, eff. September 1, 2007.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 806 (S.B. 1127), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 806 (S.B. 1127), Sec. 2, eff. September 1, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter A. Ex Officio Road Commissioner System › Section 252.001. Adoption of Ex Officio Road Commissioner System

Sec. 252.001.  ADOPTION OF EX OFFICIO ROAD COMMISSIONER SYSTEM.  (a)  The commissioners court of a county may adopt this subchapter by an order made at a regular term of the court when all the members are present.
(b)  The commissioners court shall enter the order in its minutes.  The order is not required to be in any particular form, and substantial compliance with this section is sufficient.
(c)  If the commissioners court adopts this subchapter, Subchapters B, C, and D do not apply to the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter A. Ex Officio Road Commissioner System › Section 252.002. Relationship of Subchapter to Other Law

Sec. 252.002.  RELATIONSHIP OF SUBCHAPTER TO OTHER LAW.  If this subchapter conflicts with a general law relating to roads, this subchapter controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter A. Ex Officio Road Commissioner System › Section 252.003. Ex Officio Road Commissioners

Sec. 252.003.  EX OFFICIO ROAD COMMISSIONERS.  A county commissioner is the ex officio road commissioner of the county commissioner's precinct.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter A. Ex Officio Road Commissioner System › Section 252.004. Bond

Sec. 252.004.  BOND.  (a)  Before assuming the duties of an ex officio road commissioner, a county commissioner must execute a bond in the amount of $3,000 payable to the county judge for the use and benefit of the county road and bridge fund.  The bond must be conditioned that the member will:
(1)  perform the duties required of the ex officio road commissioner by law or by the commissioners court;  and
(2)  account for the money or other property belonging to the county that comes into the commissioner's possession.
(b)  To be effective, the bond must be approved by the county judge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter A. Ex Officio Road Commissioner System › Section 252.005. Powers and Duties of Commissioners Court

Sec. 252.005.  POWERS AND DUTIES OF COMMISSIONERS COURT.  (a)  The commissioners court shall adopt a system for laying out, working on, draining, and repairing the public roads.
(b)  The commissioners court may purchase vehicles, tools, and machinery necessary for working on public roads and may construct, grade, or otherwise improve a road or bridge by contract in the manner provided by Section 252.213.
(c)  The commissioners court may provide reasonable rules and punishment as necessary to require inmates of county jails to work well on public roads and may provide a reward not to exceed $10 to be paid out of the county road and bridge fund for the recapture and delivery of an escaped inmate to be paid to any person other than the person in charge of the inmate at the time of the escape.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter A. Ex Officio Road Commissioner System › Section 252.006. Powers and Duties of Ex Officio Road Commissioners

Sec. 252.006.  POWERS AND DUTIES OF EX OFFICIO ROAD COMMISSIONERS.  (a)  Under the direction of the commissioners court, an ex officio road commissioner is responsible for the vehicles, tools, and machinery belonging to the county and placed in the commissioner's control by the court.
(b)  Under rules adopted by the commissioners court, an ex officio road commissioner shall direct the:
(1)  laying out of new roads;
(2)  construction or changing of roads;  and
(3)  building of bridges.
(c)  Subject to authorization by the commissioners court, an ex officio road commissioner may employ persons for positions in the commissioner's precinct to be paid from the county road and bridge fund.
(d)  An ex officio road commissioner may discharge any county employee working in the commissioner's precinct who is paid from the county road and bridge fund.
(e)  An ex officio road commissioner has the duties of a supervisor of public roads as provided by Section 251.004.
(f)  An ex officio road commissioner shall:
(1)  determine the condition of the public roads in the commissioner's precinct;
(2)  determine the character of work to be done on the roads;  and
(3)  direct the manner of grading, draining, or otherwise improving the roads.
(g)  A road overseer shall follow a direction given under Subsection (f)(3).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 540 (S.B. 160), Sec. 2, eff. June 14, 2021.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.101. Subchapter Not Applicable to Certain Counties

Sec. 252.101.  SUBCHAPTER NOT APPLICABLE TO CERTAIN COUNTIES.  (a)  This subchapter does not apply to Angelina, Aransas, Blanco, Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas, Delta, DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg, Harris, Harrison, Henderson, Hill, Hopkins, Houston, Jack, Jackson, Jasper, Lamar, Lavaca, McLennan, Milam, Montgomery, Morris, Nacogdoches, Newton, Parker, Rains, Red River, Refugio, Sabine, San Augustine, Shelby, Smith, Tarrant, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Washington, or Wood County.
(b)  Notwithstanding Subsection (a), the commissioners court of Collin, Dallas, or Van Zandt County may adopt this subchapter instead of the special law for that county if the court determines that this subchapter is better suited to that county than the special law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 917, Sec. 2, eff. Sept. 1, 1997;  Acts 1997, 75th Leg., ch. 1431, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1161 (S.B. 1136), Sec. 1, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.102. Relationship of Subchapter to Other Law

Sec. 252.102.  RELATIONSHIP OF SUBCHAPTER TO OTHER LAW.  If this subchapter conflicts with a general law relating to roads and bridges, this subchapter controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.103. Road Commissioners

Sec. 252.103.  ROAD COMMISSIONERS.  (a)  A commissioners court may employ not more than four road commissioners.
(b)  A road commissioner must be a resident of the district for which the road commissioner is employed.
(c)  If the commissioners court employs more than one road commissioner, the court shall determine the district each road commissioner controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.104. Bond of Road Commissioner

Sec. 252.104.  BOND OF ROAD COMMISSIONER.  (a)  Before assuming the duties of a road commissioner, a road commissioner must execute a bond with one or more good and sufficient sureties payable to the county judge in the amount of $1,000, conditioned on the faithful performance of the road commissioner's duties.
(b)  To be effective, the bond must be approved by the county judge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.105. Powers and Duties of Road Commissioner

Sec. 252.105.  POWERS AND DUTIES OF ROAD COMMISSIONER.  (a)  A road commissioner controls the overseers, laborers, tools, machinery, and vehicles to be used on the roads in the road commissioner's district and may require overseers to deploy laborers that the road commissioner designates to open, work on, or repair roads or to build or repair bridges or culverts in the district.
(b)  A road commissioner shall:
(1)  ensure that the roads and bridges in the district are kept in good repair;
(2)  under the control of the commissioners court, establish a system of grading and draining public roads in the district and ensure that the system is carried out by the overseers and laborers under the road commissioner's control;
(3)  under the direction of the commissioners court, spend the money entrusted to the road commissioner by the court in the most economical and advantageous manner on the public roads, bridges, and culverts of the district;  and
(4)  put the inmates and other laborers furnished by the commissioners court to work.
(c)  A road commissioner is responsible for the safekeeping of and is liable for the loss or destruction of the machinery, tools, or vehicles placed under the road commissioner's control unless the road commissioner was not at fault.  When discharged, the road commissioner shall deliver those items to the person designated by the commissioners court.
(d)  Inmates may not be required to work when there is available, after building and repairing bridges, a sufficient road fund to provide for the necessary work on the roads.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.106. Supervision of Road Commissioner by Commissioners Court

Sec. 252.106.  SUPERVISION OF ROAD COMMISSIONER BY COMMISSIONERS COURT.  (a)  A road commissioner shall obey the orders of the commissioners court.
(b)  A road commissioner's acts are subject to the control, supervision, orders, and approval of the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.107. Report of Road Commissioner

Sec. 252.107.  REPORT OF ROAD COMMISSIONER.  (a)  At each regular term of the commissioners court, a road commissioner shall give a report under oath to the court that:
(1)  includes an itemized account of the money the road commissioner has received to be spent on roads and bridges and the use made of the money;
(2)  describes the condition of the roads, bridges, and culverts in the road commissioner's district;  and
(3)  includes any other information the court requires.
(b)  The road commissioner shall make other reports at any time the commissioners court requires.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.108. Use of County Road and Bridge Fund

Sec. 252.108.  USE OF COUNTY ROAD AND BRIDGE FUND.  (a)  In a county that employs road commissioners under this subchapter, the commissioners court shall ensure that the county road and bridge fund is judiciously and equitably spent on the roads and bridges in the county.  As nearly as the condition and necessity of the roads permit, the fund shall be spent in each county commissioner's precinct in proportion to the amount of money in the fund collected in the precinct.
(b)  In a county that employs road commissioners under this subchapter, money used in building permanent roads must first be used on:
(1)  first-class or second-class roads;  and
(2)  roads for which the right-of-way has been furnished free of cost to make as straight a road as is practicable and for which the residents have offered the greatest amount of labor, money, or other property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.109. Donations

Sec. 252.109.  DONATIONS.  A commissioners court or the road commissioners may accept donations of labor, money, or other property to aid in building or maintaining roads in the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.110. Liability for Property Damage or Misplacement

Sec. 252.110.  LIABILITY FOR PROPERTY DAMAGE OR MISPLACEMENT.  A person who knowingly or wilfully damages or misplaces a bridge, culvert, drain, sewer, ditch, sign, milepost, or similar thing placed on a road to benefit the road is liable to the county and any injured person for damages caused by the person's conduct.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter B. Road Commissioner System › Section 252.111. Drainage Along Public Road

Sec. 252.111.  DRAINAGE ALONG PUBLIC ROAD.  (a)  A commissioners court or road commissioner may authorize a person to make a drain along a public road to drain the person's property.
(b)  The person must make the drain under the direction of the commissioners court, road commissioner, or a person designated by the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.201. Subchapter Not Applicable to Certain Counties

Sec. 252.201.  SUBCHAPTER NOT APPLICABLE TO CERTAIN COUNTIES.  (a)  This subchapter does not apply to Angelina, Aransas, Blanco, Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas, Delta, DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg, Harris, Harrison, Henderson, Hill, Hopkins, Houston, Jack, Jackson, Jasper, Lamar, Lavaca, McLennan, Milam, Montgomery, Morris, Nacogdoches, Newton, Parker, Rains, Red River, Refugio, Sabine, San Augustine, Shelby, Smith, Tarrant, Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria, Washington, or Wood County.
(b)  Notwithstanding Subsection (a), the commissioners court of Collin or Dallas County may adopt this subchapter instead of the special law for that county if the court determines that this subchapter is better suited to that county than the special law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1431, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 1161 (S.B. 1136), Sec. 2, eff. September 1, 2023.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.202. Relationship of Subchapter to Other Law

Sec. 252.202.  RELATIONSHIP OF SUBCHAPTER TO OTHER LAW.  If this subchapter conflicts with a general law relating to roads and bridges, this subchapter controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.203. Adoption of Subchapter and Appointment of Road Superintendents

Sec. 252.203.  ADOPTION OF SUBCHAPTER AND APPOINTMENT OF ROAD SUPERINTENDENTS.  (a)  The commissioners court of a county may adopt this subchapter by appointing a road superintendent for the county or one superintendent in each county commissioner's precinct by an order made at a regular term of the court.
(b)  The commissioners court shall enter the order in its minutes.  The order is not required to be in any particular form, and substantial compliance with this section is sufficient.
(c)  A road superintendent must be a qualified voter of the county or precinct for which the road superintendent is appointed.
(d)  A road superintendent holds office for two years unless removed by the commissioners court for good cause.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.204. Oath and Bond of Road Superintendent

Sec. 252.204.  OATH AND BOND OF ROAD SUPERINTENDENT.  (a)  Not later than the 20th day after the date of appointment, a road superintendent must:
(1)  take and subscribe to the oath required by the constitution;  and
(2)  give a bond payable to the county judge in an amount fixed by the commissioners court, conditioned that the road superintendent will:
(A)  faithfully perform the duties required of the road superintendent by law or the commissioners court;  and
(B)  disburse money under the road superintendent's control as the law provides or the commissioners court directs.
(b)  To be effective, the bond must be approved by the county judge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.205. Powers and Duties of Road Superintendent

Sec. 252.205.  POWERS AND DUTIES OF ROAD SUPERINTENDENT.  (a)  Subject to the orders of the commissioners court, a road superintendent has general supervision over the public roads in the road superintendent's county or precinct and the county inmates working on the roads.
(b)  A road superintendent shall:
(1)  perform the duties of supervisor imposed on the county commissioners in counties not adopting this subchapter;
(2)  direct the laying out, constructing, changing, and repairing of roads and the building of bridges in the road superintendent's county or precinct, except where otherwise contracted;
(3)  take charge of and be responsible for the safekeeping of the tools, machinery, and vehicles placed under the road superintendent's control by the commissioners court, execute a receipt for an item described by this subdivision, and file the receipt with the county clerk;
(4)  ensure that the roads and bridges in the road superintendent's county or precinct are kept in good repair;
(5)  under the direction of the commissioners court, establish and carry out a system of working on, grading, and draining the public roads in the road superintendent's county or precinct;
(6)  employ a sufficient force to enable the road superintendent to do the necessary work in the road superintendent's county or precinct, giving due regard to the condition of the county road and bridge fund and the work to be done;
(7)  buy or hire tools, machinery, and vehicles as directed by the commissioners court;
(8)  work on the roads in the manner directed by the commissioners court;
(9)  perform any other service required by the commissioners court;  and
(10)  on leaving office, deliver all money and other property to the person the commissioners court directs.
(c)  Notwithstanding Subsection (a), the commissioners court may employ a person to supervise the inmates and direct the work to be done by them.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.206. Liability of Road Superintendent

Sec. 252.206.  LIABILITY OF ROAD SUPERINTENDENT.  A road superintendent is liable for:
(1)  the loss, injury, or destruction of machinery or a tool or vehicle placed under the road superintendent's control by the commissioners court unless the road superintendent was not at fault;  and
(2)  the improper expenditure of any money for roads entrusted to the road superintendent.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.207. Report of Road Superintendent

Sec. 252.207.  REPORT OF ROAD SUPERINTENDENT.  (a)  A road superintendent shall make a sworn report to the commissioners court at each regular term of the court showing:
(1)  an itemized account of the money the road superintendent has received belonging to the road fund;
(2)  the person from whom the money was received;
(3)  the use the road superintendent has made of the money;
(4)  the condition of the roads and bridges in the county or precinct;  and
(5)  any other matter on which the court requires information.
(b)  A road superintendent shall make other reports as required by the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.208. Supervision of Road Superintendent by Commissioners Court

Sec. 252.208.  SUPERVISION OF ROAD SUPERINTENDENT BY COMMISSIONERS COURT.  Work performed under a road superintendent is subject to the general supervision of the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.209. Contracts by Road Superintendent; Payment

Sec. 252.209.  CONTRACTS BY ROAD SUPERINTENDENT;  PAYMENT.  (a)  A road superintendent shall make the best contract possible for labor or machinery and in payment for the labor or machinery shall issue to the person entitled to payment a certificate showing the amount due and the purpose for which the certificate was given.
(b)  The certificate shall be dated, numbered, and signed by the road superintendent.
(c)  The road superintendent and the sureties on the road superintendent's official bond are liable for the damages caused by:
(1)  the wrongful issuance of a certificate;  or
(2)  an extravagance in the amount of a certificate.
(d)  On approval by the commissioners court, a warrant shall be issued to the person entitled to payment to be paid by the county treasurer out of the proper fund in the same manner as other warrants.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.210. Division of County or Precinct Into Road Districts

Sec. 252.210.  DIVISION OF COUNTY OR PRECINCT INTO ROAD DISTRICTS.  (a)  If the commissioners court directs, a road superintendent shall:
(1)  divide the road superintendent's county or precinct into road districts of convenient size;
(2)  define the boundaries of the districts;  and
(3)  designate the districts by number.
(b)  To be effective, the districts must be approved by the commissioners court.
(c)  The boundaries shall be recorded in the minutes of the commissioners court.
(d)  The road superintendent shall:
(1)  determine the names of the persons subject to road duty in each district;
(2)  keep a record of the names of the persons;  and
(3)  report the record to the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.211. Salary of Road Superintendent

Sec. 252.211.  SALARY OF ROAD SUPERINTENDENT.  (a)  A road superintendent's salary shall be paid at stated intervals on the order of the commissioners court.
(b)  The commissioners court may suspend the salary of a road superintendent whose services are no longer needed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.212. Powers of Commissioners Court

Sec. 252.212.  POWERS OF COMMISSIONERS COURT.  In a county that appoints one or more road superintendents, the commissioners court may:
(1)  purchase or hire the road machinery, tools, vehicles, and labor required to grade, drain, or repair the roads of the county;
(2)  use labor and spend money on the roads;  and
(3)  adopt and enforce reasonable and necessary orders and rules for laying out, working on, and improving the public roads.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter C. Road Superintendent System › Section 252.213. Contracts by Commissioners Court; Payment

Sec. 252.213.  CONTRACTS BY COMMISSIONERS COURT;  PAYMENT.  (a)  In a county that appoints one or more road superintendents, the commissioners court by contract may construct, grade, gravel, or otherwise improve a road or bridge.
(b)  At the time the contract is made, the commissioners court shall direct the county treasurer to:
(1)  transfer the amount of money stipulated in the contract to a particular fund;  and
(2)  keep a separate account of the money.
(c)  The money may be used only for payment under the contract and may be paid only on the order of the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.