reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter D. Transfer of Toll Project › Section 228.151. Lease, Sale, or Transfer of Toll Project or System

Sec. 228.151.  LEASE, SALE, OR TRANSFER OF TOLL PROJECT OR SYSTEM.  (a)  The department may lease, sell, or transfer in another manner a toll project or system, including a nontolled state highway or a segment of a nontolled state highway converted to a toll project under Subchapter E, to a governmental entity that has the authority to operate a tolled highway or a local government corporation created under Chapter 431.
(b)  The commission and the governor must approve the transfer of the toll project or system as being in the best interests of the state and the entity receiving the project or system.
Transferred from Transportation Code, Subchapter H, Chapter 361 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.44, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter D. Transfer of Toll Project › Section 228.152. Discharge of Outstanding Bonded Indebtedness

Sec. 228.152.  DISCHARGE OF OUTSTANDING BONDED INDEBTEDNESS.  An agreement to lease, sell, or convey a toll project or system under Section 228.151 must provide for the discharge and final payment or redemption of the department's outstanding bonded indebtedness for the project or system.
Transferred from Transportation Code, Subchapter H, Chapter 361 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.44, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter D. Transfer of Toll Project › Section 228.153. Repayment of Department's Expenditures

Sec. 228.153.  REPAYMENT OF DEPARTMENT'S EXPENDITURES.  (a)  Except as provided by Subsection (b), an agreement to lease, sell, or convey a toll project or system under Section 228.151 must provide for the repayment of any expenditures of the department for the financing, design, development, construction, operation, or maintenance of the highway that have not been reimbursed with the proceeds of bonds issued for the highway.
(b)  The commission may waive repayment of all or a portion of the expenditures if it finds that the transfer will result in substantial net benefits to the state, the department, and the public that equal or exceed the amount of repayment waived.
Transferred from Transportation Code, Subchapter H, Chapter 361 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.44, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter D. Transfer of Toll Project › Section 228.154. Approval of Agreement by Attorney General

Sec. 228.154.  APPROVAL OF AGREEMENT BY ATTORNEY GENERAL.  (a)  An agreement for the lease, sale, or conveyance of a toll project or system under this subchapter shall be submitted to the attorney general for approval as part of the records of proceedings relating to the issuance of bonds of the governmental entity.
(b)  If the attorney general determines that the agreement is in accordance with law, the attorney general shall approve the agreement and deliver to the commission a copy of the legal opinion of the attorney general stating that approval.
Transferred from Transportation Code, Subchapter H, Chapter 361 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.44, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter E. Limitation on Toll Facility Designation; Conversion of Nontolled State Highway › Section 228.201. Limitation on Toll Facility Designation

Sec. 228.201.  LIMITATION ON TOLL FACILITY DESIGNATION.
(a)  The department may not operate a nontolled state highway or a segment of a nontolled state highway as a toll project, and may not transfer a highway or segment to another entity for operation as a toll project, unless:
(1)  the commission by order designated the highway or segment as a toll project before the contract to construct the highway or segment was awarded;
(2)  the project was designated as a toll project in a plan or program of a metropolitan planning organization on or before September 1, 2005;
(3)  the highway or segment is reconstructed so that the number of nontolled lanes on the highway or segment is greater than or equal to the number in existence before the reconstruction; or
(4)  a facility is constructed adjacent to the highway or segment so that the number of nontolled lanes on the converted highway or segment and the adjacent facility together is greater than or equal to the number in existence on the converted highway or segment before the conversion.
(b)  Repealed by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017.
(c)  In determining the number of nontolled lanes required to comply with Subsection (a)(3), the department:
(1)  may consider only a general-purpose lane that is part of the highway; and
(2)  may not consider a lane of a frontage road to be a nontolled lane before or after reconstruction of the highway.
(d)  The department may not operate any part of State Highway 255 in Webb County as a toll project.
Added by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.45, eff. June 14, 2005.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1186 (S.B. 1029), Sec. 1, eff. June 14, 2013.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 37, eff. September 1, 2017.
Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 74(2), eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter E. Limitation on Toll Facility Designation; Conversion of Nontolled State Highway › Section 228.204. Rules

Sec. 228.204.  RULES.  The commission shall adopt rules implementing this subchapter, including criteria and guidelines for the approval of a conversion of a highway.
Transferred from Transportation Code, Section 362.0041(c) and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.46, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter E. Limitation on Toll Facility Designation; Conversion of Nontolled State Highway › Section 228.205. Queen Isabella Causeway

Sec. 228.205.  QUEEN ISABELLA CAUSEWAY.  The commission may not convert the Queen Isabella Causeway in Cameron County to a toll project.
Transferred from Transportation Code, Section 362.0041(d) and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.46, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter E. Limitation on Toll Facility Designation; Conversion of Nontolled State Highway › Section 228.206. Toll Revenue

Sec. 228.206.  TOLL REVENUE.  Toll revenue collected under this section:
(1)  shall be deposited in the state highway fund;
(2)  may be used by the department to finance the improvement, extension, expansion, or operation of the converted segment of highway and may not be collected except for those purposes; and
(3)  is exempt from the application of Section 403.095, Government Code.
Transferred from Transportation Code, Section 362.0041(f) and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.46, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter E. Limitation on Toll Facility Designation; Conversion of Nontolled State Highway › Section 228.207. CÉsar ChÁvez Freeway

Sec. 228.207.  CÉSAR CHÁVEZ FREEWAY.  (a)  In this section, "César Chávez Freeway" means the portion of Loop 375 in El Paso County between Interstate Highway 10 and Santa Fe Street.
(b)  If the Camino Real Regional Mobility Authority approves the conversion of the portion of the César Chávez Freeway that is operated as a toll project to a nontolled project:
(1)  any money advanced by the department to the authority for the construction or maintenance of a toll project on the César Chávez Freeway that is unexpended on the effective date of the conversion shall be used for the construction of the Loop 375 Border Highway West Project in El Paso County from Race Track Drive to U.S. Highway 54 and added to the authority's obligation for that project under terms agreeable to the department; and
(2)  the department shall maintain the César Chávez Freeway as part of the state highway system without tolls.
Added by Acts 2017, 85th Leg., R.S., Ch. 533 (S.B. 312), Sec. 38, eff. September 1, 2017.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter F. Joint Toll Projects › Section 228.251. Definitions

Sec. 228.251.  DEFINITIONS.  In this subchapter:
(1)  "Bonds" includes certificates, notes, and other obligations of an issuer authorized by statute, municipal home-rule charter, or the Texas Constitution.
(2)  "Local governmental entity" means a political subdivision of the state, including a municipality or a county, a political subdivision of a county, a group of adjoining counties, a defined district, or a nonprofit corporation, including a transportation corporation created under Chapter 431.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.22, eff. Sept. 1, 1995;  Acts 2003, 78th Leg., ch. 312, Sec. 77, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.74, eff. June 21, 2003.
Transferred from Transportation Code, Section 362.001 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.47, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter F. Joint Toll Projects › Section 228.252. Applicability of Other Law; Conflicts

Sec. 228.252.  APPLICABILITY OF OTHER LAW; CONFLICTS.  (a)  This subchapter is cumulative of all laws affecting the issuance of bonds by local governmental entities, particularly, but not by way of limitation, provisions of Chapters 1201 and 1371, Government Code, and Subchapters A-C, Chapter 1207, Government Code, are applicable to and apply to all bonds issued under this subchapter, regardless of any classification of any such local governmental entities thereunder; provided, however, in the event of any conflict between such laws and this subchapter, the provisions of this subchapter prevail.
(b)  This subchapter is cumulative of all laws affecting the commission, the department, and the local governmental entities, except that in the event any other law conflicts with this subchapter, the provisions of this subchapter prevail.  Chapters 1201 and 1371, Government Code, and Subchapters A, B, and C, Chapter 1207, Government Code, apply to bonds issued by the commission under this subchapter.
(c)  The department may enter into all agreements necessary or convenient to effectuate the purposes of this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.23, eff. Sept. 1, 1995;  Acts 1997, 75th Leg., ch. 165, Sec. 30.20, eff. Sept. 1, 1997;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.388, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 312, Sec. 71, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.68, eff. June 21, 2003.
Transferred from Transportation Code, Section 362.003 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.47, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter F. Joint Toll Projects › Section 228.253. Use of Federal Funds

Sec. 228.253.  USE OF FEDERAL FUNDS.  The department may use federal funds for any purpose described by this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Transferred from Transportation Code, Section 362.006 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.47, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 228 - State Highway Toll Projects › Subchapter F. Joint Toll Projects › Section 228.254. Agreements Between Authority and Local Governmental Entities

Sec. 228.254.  AGREEMENTS BETWEEN AUTHORITY AND LOCAL GOVERNMENTAL ENTITIES.  (a)  Under authority of Section 52, Article III, Texas Constitution, a local governmental entity other than a nonprofit corporation may, upon the required vote of the qualified voters, in addition to all other debts, issue bonds or enter into and make payments under agreements with the department, not to exceed 40 years in term, in any amount not to exceed one-fourth of the assessed valuation of real property within the local governmental entity, except that the total indebtedness of any municipality shall never exceed the limits imposed by other provisions of the constitution, and levy and collect taxes to pay the interest thereon and provide a sinking fund for the redemption thereof, for the purposes of construction, maintenance, and operation of toll projects or systems of the department, or in aid thereof.
(b)  In addition to Subsection (a), a local governmental entity may, within any applicable constitutional limitations, agree with the department to issue bonds or enter into and make payments under an agreement to construct, maintain, or operate any portion of a toll project or system of the department.
(c)  To make payments under an agreement under Subsection (b) or pay the interest on bonds issued under Subsection (b) and to provide a sinking fund for the bonds or the contract, a local governmental entity may:
(1)  pledge revenue from any available source, including annual appropriations;
(2)  levy and collect taxes; or
(3)  provide for a combination of Subdivisions (1) and (2).
(d)  The term of an agreement under this section may not exceed 40 years.
(e)  Any election required to permit action under this subchapter must be held in conformance with Chapter 1251, Government Code, or other law applicable to the local governmental entity.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1995, 74th Leg., ch. 872, Sec. 2.26, eff. Sept. 1, 1995;  Acts 2001, 77th Leg., ch. 1420, Sec. 8.389, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., ch. 312, Sec. 72, eff. June 18, 2003;  Acts 2003, 78th Leg., ch. 1325, Sec. 15.69, eff. June 21, 2003.
Transferred from Transportation Code, Section 362.007 and amended by Acts 2005, 79th Leg., Ch. 281 (H.B. 2702), Sec. 2.47, eff. June 14, 2005.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 250 - Miscellaneous Provisions › Section 250.001. Restriction on Fences in Certain Municipalities

Sec. 250.001.  RESTRICTION ON FENCES IN CERTAIN MUNICIPALITIES.  (a)  This section applies only to a fence located on land adjacent to a road or highway in the state highway system in a municipality with a population of 1.5 million or more.
(b)  The commission may regulate the use of a fence near a road or highway that prevents or obstructs a vehicle from observing other vehicles or traffic in a manner that creates a safety hazard.
(c)  The rules may provide for:
(1)  setback, height, or visibility requirements for fences;
(2)  delayed enforcement of not more than 120 days from the regulations for existing fences that do not comply with current standards;  and
(3)  any other provision necessary to prevent an unsafe obstruction to the view of traffic on a road or highway.
(d)  The failure of the commission to regulate a fence under this section is not admissible as evidence in a civil action that involves allegations that a fence prevents or obstructs a vehicle from observing other vehicles or traffic.
(e)  A person commits an offense if the person intentionally violates a rule adopted by the commission under this section.  An offense under this section is a misdemeanor punishable by a fine of not less than $500 or more than $1,000. Each day of a rule violation is a separate offense.
Added by Acts 1997, 75th Leg., ch. 1224, Sec. 1, eff. June 20, 1997.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle B - State Highway System › Chapter 250 - Miscellaneous Provisions › Section 250.002. Right-of-Way Accommodation for Broadband-Only Providers

Sec. 250.002.  RIGHT-OF-WAY ACCOMMODATION FOR BROADBAND-ONLY PROVIDERS.  (a)  In this section:
(1)  "Broadband-only provider" means an entity that exclusively provides broadband service.
(2)  "Broadband service" means Internet service with the capability of providing:
(A)  a download speed of 25 megabits per second or faster; and
(B)  an upload speed of three megabits per second or faster.
(b)  The commission by rule shall:
(1)  on a competitively and technologically neutral and nondiscriminatory basis with respect to other providers of broadband service, establish an accommodation process that authorizes broadband-only providers to use state highway rights-of-way, subject to highway purposes, for:
(A)  new broadband facility installations;
(B)  additions to or maintenance of existing broadband facility installations;
(C)  adjustments or relocations of broadband facilities; and
(D)  existing broadband facilities retained within the rights-of-way; and
(2)  prescribe minimum requirements for the accommodation, method, materials, and location for the installation, adjustment, and maintenance of broadband facilities under the accommodation process.
Added by Acts 2021, 87th Leg., R.S., Ch. 571 (S.B. 507), Sec. 1, eff. June 14, 2021.
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 A. General Provisions › Section 251.001. Definitions

Sec. 251.001.  DEFINITIONS.  In this chapter as applied to a public road:
(1)  "Abandon" means to relinquish the public's right of way in and use of the road.
(2)  "Discontinue" means to discontinue the maintenance of the road.
(3)  "Vacate" means to terminate the existence of the road by direct action of the commissioners court of a 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 251 - General County Authority Relating to Roads and Bridges › Subchapter A. General Provisions › Section 251.002. Public Roads

Sec. 251.002.  PUBLIC ROADS.  A public road or highway that has been laid out and established according to law and that has not been discontinued is a public 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 A. General Provisions › Section 251.003. Construction and Maintenance of Public Roads

Sec. 251.003.  CONSTRUCTION AND MAINTENANCE OF PUBLIC ROADS.  (a)  The commissioners court of a county may:
(1)  make and enforce all necessary rules and orders for the construction and maintenance of public roads;
(2)  hire the labor and purchase the machinery and equipment needed to construct and maintain public roads;  and
(3)  use any necessary material most convenient to build, repair, or maintain public roads, regardless of the location or extent of the material.
(b)  The court may enter any necessary order for the use of inmates of the county jails to work on the county roads or to build bridges.
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 A. General Provisions › Section 251.004. Commissioners as Road Supervisors

Sec. 251.004.  COMMISSIONERS AS ROAD SUPERVISORS.  (a)  The county commissioners are the supervisors of the public roads in a county unless the county adopts an optional system of administering the county roads under Chapter 252.
(b)  A county commissioner serving as a road supervisor shall supervise the public roads in the commissioner's precinct at least once each month.
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 A. General Provisions › Section 251.006. Obtaining Material for Public Roads

Sec. 251.006.  OBTAINING MATERIAL FOR PUBLIC ROADS.  (a)  The commissioners court of a county may condemn material necessary to construct, repair, or maintain public roads if the owner of the material rejects the price that the court determines to be a fair price.
(b)  The commissioners court shall appoint commissioners to condemn the material.  A condemnation commissioner is entitled to a fee of $2 for each day of service.  The fee shall be paid on order of the commissioners court from the same fund from which payment for the materials is made.
(c)  The condemnation commissioners shall hold a hearing to set a fair and reasonable value for the material according to the current method for pricing or valuing the material.  The compensation awarded by the condemnation commissioners for the material shall be paid to the owner of the material or deposited with the county treasurer to the owner's credit.  When the payment or deposit is made, the county has the right to enter on and use the material.
(d)  If the owner of the material or the county is not satisfied with the compensation awarded, the owner or county may appeal the award in the manner provided for appeal of a condemnation case.
(e)  Payment for material needed for the general system of county roads shall be made from the county road and bridge fund or from the proceeds of any county bond issue.  Payment for material to be used for the benefit of a defined district or political subdivision of the county shall be made from the district or subdivision's funds derived from the sale of bonds or the collection of special taxes.
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 A. General Provisions › Section 251.007. Classification of County Roads

Sec. 251.007.  CLASSIFICATION OF COUNTY ROADS.  (a)  The commissioners court of each county shall classify each public road in the county as a first-class, second-class, or third-class road.
(b)  A county may not reduce a first-class or second-class road to a lower class.
(c)  A first-class road must be not less than 40 feet wide or more than 100 feet wide.  The causeway on a first-class road must be at least 16 feet wide.
(d)  A second-class road and a causeway on a second-class road must meet the requirements applicable to a first-class road.
(e)  A third-class road must meet the requirements applicable to a first-class road, except that:
(1)  a third-class road may be less than 40 but not less than 20 feet wide;  and
(2)  the causeway on a third-class road may be less than 16 but not less than 12 feet wide.
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 A. General Provisions › Section 251.008. General Requirements for County Roads

Sec. 251.008.  GENERAL REQUIREMENTS FOR COUNTY ROADS.  A public road of any class must:
(1)  be clear of all obstructions;
(2)  have all stumps over six inches in diameter cut down to not more than six inches of the surface and rounded off;  and
(3)  have all stumps of six inches or less in diameter cut smooth with the ground.
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 A. General Provisions › Section 251.009. Construction of Cattle Guards on County Roads; Offense

Sec. 251.009.  CONSTRUCTION OF CATTLE GUARDS ON COUNTY ROADS; OFFENSE.  (a)  The commissioners court of a county may authorize the construction of cattle guards on a county road of any class.  A cattle guard authorized under this section is not an obstruction of the road.
(b)  The commissioners court shall establish plans and specifications for a standard cattle guard to be used on the county roads.  The plans and specifications must be plainly written and supplemented by drawings as necessary and must be available for inspection by the residents of the county.
(c)  A person who constructs a cattle guard on a county road that does not conform to the plans and specifications established under Subsection (b) commits an offense.  An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $100.
(d)  The commissioners court may construct a cattle guard on a county road of any class and may pay for its construction from the county road and bridge fund if the court finds that the construction of the cattle guard is in the best interest of the residents of the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 128, Sec. 2, eff. May 27, 2003.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 339 (S.B. 66), Sec. 1, eff. September 1, 2007.
Acts 2007, 80th Leg., R.S., Ch. 339 (S.B. 66), Sec. 2, 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 A. General Provisions › Section 251.0095. Replacement and Repair of Existing Cattle Guards on County Roads

Sec. 251.0095.  REPLACEMENT AND REPAIR OF EXISTING CATTLE GUARDS ON COUNTY ROADS.  (a)  The commissioners court of a county may authorize the replacement or repair of an existing cattle guard on a county road of any class.
(b)  The commissioners court may replace or repair a cattle guard on a county road of any class and may pay for its replacement or repair from the county road and bridge fund if the court finds that the replacement or repair of the cattle guard is in the best interest of the residents of the county.
Added by Acts 2003, 78th Leg., ch. 128, Sec. 1, eff. May 27, 2003.
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 A. General Provisions › Section 251.0096. Removal of Cattle Guards From County Roads

Sec. 251.0096.  REMOVAL OF CATTLE GUARDS FROM COUNTY ROADS.  (a)  The commissioners court of a county may remove a cattle guard from a county road of any class if the commissioners court notifies each person who owns land adjacent to the cattle guard by certified mail not less than 90 days before the proposed removal of the cattle guard.
(b)  The commissioners court is not required to hold a public hearing on a proposed cattle guard removal.  If a resident of the county requests a public hearing, the commissioners court shall hold a public hearing on the removal of the cattle guard.  To be valid, a request for a public hearing must be in writing and be made before the 75th day after the date the notice required by Subsection (a) is mailed.
Added by Acts 2009, 81st Leg., R.S., Ch. 216 (S.B. 1059), Sec. 1, eff. September 1, 2009.
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 A. General Provisions › Section 251.010. Gates on Third-Class and Neighborhood Roads; Offenses

Sec. 251.010.  GATES ON THIRD-CLASS AND NEIGHBORHOOD ROADS;  OFFENSES.  (a)  A person, including a neighborhood association, who owns or controls real property on which a third-class road or a neighborhood road established under Section 251.053 is located for which the right-of-way was obtained without cost to the county may erect a gate across the road when necessary.  The person shall place a permanent hitching post and stile block on each side of the gate within 60 feet of the gate.  The gate must be:
(1)  at least 10 feet wide;
(2)  free of obstructions above the gate;
(3)  constructed so that opening and shutting the gate will not cause unnecessary delay to persons, including emergency personnel, using the road;  and
(4)  constructed with a fastening to hold the gate open until a person using the gate passes through it.
(b)  The property owner shall keep the gate and the approaches to the gate in good order.
(c)  A person who erects a gate across a road specified by Subsection (a) and who wilfully or negligently fails to comply with a requirement of this section commits an offense.  An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $20. Each week that the person fails to comply with this section constitutes a separate offense.
(d)  A person who wilfully or negligently leaves open a gate on a road specified by Subsection (a) commits an offense.  An offense under this subsection is a misdemeanor punishable by a fine of not less than $5 or more than $20.
(e)  A person may not erect a gate under this section unless the gate is approved by the commissioners court of the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1123, Sec. 1, eff. Sept. 1, 1999.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1032 (H.B. 1671), 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 A. General Provisions › Section 251.011. Detour Roads

Sec. 251.011.  DETOUR ROADS.  (a)  The commissioners court of a county shall establish detour roads for the convenience of the public when a county road that is not part of the state highway system must be closed to traffic for road construction.  When a county detour road is in use, the county has the same authority over the road as over an established public road.
(b)  The commissioners court shall:
(1)  post all signs necessary for the convenience and guidance of the public at each end of a county detour road;  and
(2)  maintain a county detour road so that it is reasonably adequate for normal traffic requirements.
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 A. General Provisions › Section 251.012. County Authority in Municipality

Sec. 251.012.  COUNTY AUTHORITY IN MUNICIPALITY.  (a)  With the approval of the governing body of a municipality, the commissioners court of a county may spend county money to finance the construction, improvement, maintenance, or repair of a street or alley in the county that is located in the municipality, including the provision of:
(1)  necessary roadbed preparation or material;
(2)  paving or other hard covering of the street or alley;
(3)  curbs, gutters, bridges, or drainage facilities;  or
(4)  any construction, improvement, maintenance, or repair allowed under Section 791.032, Government Code, if the commissioners court finds that the county will receive benefits as a result of the work on the street or alley.
(b)  County work authorized by this section may be done or financed:
(1)  by the county through the use of county equipment;
(2)  by an independent contractor with whom the county has contracted;
(3)  by the county as an independent contractor with the municipality;  or
(4)  by the municipality, with the municipality to be reimbursed by the county.
(c)  A county acting under this section has, to the extent practicable, the same powers and duties relating to imposing assessments for the construction, improvement, maintenance, or repair as the municipality would have if the municipality were to finance and undertake that activity.
(d)  A county acting under Subsection (b) may not spend bond proceeds for the construction of a new road in a municipality unless the construction is specifically authorized in the election approving the issuance of the bonds, regardless of the source of the money used to acquire the equipment used to construct the road.
(e)  The authority granted by this section is in addition to the authority of a county provided by a local road law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 671, Sec. 2, eff. Sept. 1, 1999.
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 A. General Provisions › Section 251.013. Road Names and Address Numbers

Sec. 251.013.  ROAD NAMES AND ADDRESS NUMBERS.  (a)  The commissioners court of a county by order may adopt uniform standards for naming public roads located wholly or partly in unincorporated areas of the county and for assigning address numbers to property located in unincorporated areas of the county.  The standards apply to any new public road that is established.
(b)  The commissioners court of a county by order may adopt a name for a public road located wholly or partly in an unincorporated area of the county and may assign address numbers to property located in an unincorporated area of the county for which there is no established address system.
(b-1)  The commissioners court of a county by order may:
(1)  adopt standards and specifications for the design and installation of address number signs to identify properties located in unincorporated areas of the county, including standards or specifications as to sign size, material, longevity, ability to be seen and to reflect light, and any other factor the commissioners court considers necessary or appropriate; and
(2)  require the owners or occupants of properties in unincorporated areas of the county to:
(A)  obtain address number signs that comply with the standards and specifications adopted under Subdivision (1); and
(B)  install and maintain those signs at the locations and in the manner required by those standards and specifications.
(c)  If an order adopted under this section conflicts with a municipal ordinance, the municipal ordinance prevails in the territory in which it is effective.
(d)  A commissioners court may adopt an order under this section only after conducting a public hearing on the proposed order.  The court shall give public notice of the hearing at least two weeks before the date of the hearing.
(e)  A person who knowingly fails or refuses to comply with an order of a commissioners court under Subsection (b-1)(2) commits an offense.  An offense under this subsection is a Class C misdemeanor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 688 (H.B. 2665), Sec. 1, eff. June 19, 2009.
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 A. General Provisions › Section 251.014. County Improvement of State Highway

Sec. 251.014.  COUNTY IMPROVEMENT OF STATE HIGHWAY.  (a)  The commissioners court of a county may enter into an agreement with the commission for the county to carry out a project or activity for the improvement of a segment of the state highway system.
(b)  In this section, "improvement" means construction, reconstruction, maintenance, and the making of a necessary plan or survey before beginning construction, reconstruction, or maintenance and includes a project or activity appurtenant to a state highway, including surveying, making a traffic count, or landscaping or an activity relating to a drainage facility, driveway, sign, light, or guardrail.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.27, eff. Sept. 1, 1997.
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 A. General Provisions › Section 251.015. Assisting Other Governmental Entity

Sec. 251.015.  ASSISTING OTHER GOVERNMENTAL ENTITY.  The commissioners court of a county may use county road equipment, construction equipment, including trucks, and employees necessary to operate the equipment to assist another governmental entity on a project if:
(1)  the cost does not exceed $15,000;
(2)  the use of the equipment or employees does not interfere with the county's work schedule;  and
(3)  the county pays only the costs that the county would pay if the county did not assist the governmental entity.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 1999, 76th Leg., ch. 1058, Sec. 1, eff. June 18, 1999.
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 A. General Provisions › Section 251.016. General County Authority Over Roads, Highways, and Bridges

Sec. 251.016.  GENERAL COUNTY AUTHORITY OVER ROADS, HIGHWAYS, AND BRIDGES.  The commissioners court of a county may exercise general control over all roads, highways, and bridges in the county.
Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(b), eff. Sept. 1, 1999.
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 A. General Provisions › Section 251.0165. Control of Access Within Certain Counties

Sec. 251.0165.  CONTROL OF ACCESS WITHIN CERTAIN COUNTIES.  (a)  Except as limited by Section 203.032, a county with a population of 3.3 million or more or a county adjacent to a county with a population of 3.3 million or more, by resolution or order, may:
(1)  deny access to or from a controlled access highway within the county and outside the limits of a municipality, including a state highway, from or to adjoining public or private real property and from or to a public or private way intersecting the highway, except at specific locations designated by the county; and
(2)  designate locations on a controlled access highway within the county and outside the limits of a municipality, including a state highway, at which access to or from the highway is permitted and determine the type and extent of access permitted at each location.
(b)  This section does not apply to the placement of or access to a utility facility in or near a highway right-of-way.
Added by Acts 2007, 80th Leg., R.S., Ch. 1400 (H.B. 2991), Sec. 1, eff. June 15, 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 A. General Provisions › Section 251.017. County Authority to Set Fee

Sec. 251.017.  COUNTY AUTHORITY TO SET FEE.  The commissioners court of a county may set a reasonable fee for the county's issuance of a permit authorized by this chapter for which a fee is not specifically prescribed.  The fee must be set and itemized in the county's budget as part of the budget preparation process.
Added by Acts 2001, 77th Leg., ch. 951, 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 A. General Provisions › Section 251.019. Donations

Sec. 251.019.  DONATIONS.  (a)  A commissioners court may accept donations of labor, money, or other property to aid in the building or maintaining of roads, culverts, or bridges in the county.
(b)  A county operating under the county road department system on September 1, 2013, may use the authority granted under this section without holding a new election under Section 252.301.
(c)  A county that accepts donations under this section must execute a release of liability in favor of the entity donating the labor, money, or other property.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1372 (S.B. 1747), Sec. 4, eff. September 1, 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 B. Establishing and Closing Roads › Section 251.051. General Authority of Commissioners Court

Sec. 251.051.  GENERAL AUTHORITY OF COMMISSIONERS COURT.  (a)  The commissioners court of a county shall:
(1)  order that public roads be laid out, opened, discontinued, closed, abandoned, vacated, or altered;  and
(2)  assume control of streets and alleys in a municipality that does not have an active de facto municipal government.
(b)  A unanimous vote of the commissioners court is required to:
(1)  close, abandon, or vacate a public road;  or
(2)  alter a public road, except to shorten it from end to end.
(c)  The commissioners court of a county may not discontinue a public road until a new road designated by the court as a replacement is ready to replace it.
(d)  The commissioners court may not discontinue, close, or abandon an entire first-class or second-class road unless the road has been vacated or unused for at least three years.
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 B. Establishing and Closing Roads › Section 251.052. Public Application for New Road or Road Change

Sec. 251.052.  PUBLIC APPLICATION FOR NEW ROAD OR ROAD CHANGE.  (a)  The residents of a precinct may apply for a new road or a change in an existing road by presenting to the commissioners court a petition signed by:
(1)  eight property owners in the precinct, if the application is to request a new road or that a road be discontinued;  or
(2)  one property owner in the precinct, if the application is for a change in a road other than discontinuing the road.
(b)  A petition presented under Subsection (a)(1) must specify the beginning and termination points of the proposed new road or road to be discontinued.
(c)  The commissioners court may not grant an order on an application made under this section unless the applicants give notice of their intent to apply by posting, at the courthouse door and at two other places in the vicinity of the affected route, a written notice of their intent for at least 20 days before the date the application is made.
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 B. Establishing and Closing Roads › Section 251.055. Extending Farm-to-Market Road in Adjoining County

Sec. 251.055.  EXTENDING FARM-TO-MARKET ROAD IN ADJOINING COUNTY.  A county that determines that it would significantly benefit from the extension of a farm-to-market road in an adjoining county may contract with the adjoining county for the extension and agree to pay all or part of the cost that the adjoining county necessarily incurs in extending the 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 B. Establishing and Closing Roads › Section 251.056. Roads Across Public Real Property

Sec. 251.056.  ROADS ACROSS PUBLIC REAL PROPERTY.  (a)  A public road may not be opened across real property owned and used or intended for use for public purposes by a state institution and not subject to sale under the general law of this state without the consent of the governing body of the institution and the approval of the governor.
(b)  The authority in charge of real property described by Subsection (a) may close a road opened on that real property before September 1, 1925, if the authority considers it necessary to protect the interests of the state.  An institution that closes a road under this subsection shall compensate the county in which the real property is located in an amount equal to the amount paid by the county to condemn the real property, as shown by the records of the commissioners court, together with eight percent interest.
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 B. Establishing and Closing Roads › Section 251.057. Abandonment of County Road

Sec. 251.057.  ABANDONMENT OF COUNTY ROAD.  (a)  A county road is abandoned when its use has become so infrequent that one or more adjoining property owners have enclosed the road with a fence continuously for at least 20 years.  The abandoned road may be reestablished as a public road only in the manner provided for establishing a new road.
(b)  This section does not apply to:
(1)  a road to a cemetery, unless a property owner whose property adjoins the road enclosed with a fence under Subsection (a) files notice with the county clerk of the county in which the road is located that the owner agrees to provide reasonable access to the cemetery in accordance with Section 711.041, Health and Safety Code; or
(2)  an access road that is reasonably necessary to reach adjoining real property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 485 (S.B. 1487), Sec. 1, 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 B. Establishing and Closing Roads › Section 251.059. Maintaining Established County Roads

Sec. 251.059.  MAINTAINING ESTABLISHED COUNTY ROADS.  (a)  When the commissioners court of a county has established a county road and (i) the laying out of the road has been established by a jury of view, (ii) the county road has been in continuous use for more than 30 years, and (iii) public funds have been expended for the upkeep and maintenance of the road for at least 10 of the last 20 years, the commissioners court of a county may declare that the road shall continue to be used as a public road.
(b)  When the commissioners court of a county determines after declaring such road a public road that it is in more than one county, the commissioners courts of the counties in which the road is located may allocate by mutual agreement the costs of maintenance of the road upon a finding by the commissioners courts of the counties that the continued maintenance of the road as a public road would be of benefit to the counties.
(c)  It is hereby found by the legislature that all orders enacted by the commissioners court of a county in establishing such county roads and orders authorizing the expenditure of public funds for the construction and maintenance of public roads were enacted for a public purpose and all such orders are validated in all respects.
Added by Acts 1997, 75th Leg., ch. 621, Sec. 2, eff. June 11, 1997.