reglab/statecodes huggingface dataset:
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 252.214. Donations

Sec. 252.214.  DONATIONS.  A commissioners court 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 C. Road Superintendent System › Section 252.215. Liability for Property Damage or Misplacement

Sec. 252.215.  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 C. Road Superintendent System › Section 252.216. Drainage Along Public Road

Sec. 252.216.  DRAINAGE ALONG PUBLIC ROAD.  (a)  A commissioners court or, with the approval of the commissioners court, a road superintendent 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 superintendent, 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 D. County Road Department System › Section 252.301. Adoption of County Road Department System

Sec. 252.301.  ADOPTION OF COUNTY ROAD DEPARTMENT SYSTEM.  (a)  A county may adopt this subchapter at an election held as provided by this section.
(b)  The commissioners court shall submit the question of whether to adopt this subchapter to the voters of the county if it receives a petition signed by a number of registered voters of the county equal to at least 10 percent of the number of votes received in the county by all the candidates for governor in the most recent gubernatorial election.  The court shall order the election to be held on the first authorized uniform election date prescribed by Subchapter A, Chapter 41, Election Code, that occurs after the 30th day after the date the petition is filed with the court.  The ballot for the election shall be printed to permit voting for or against the proposition:  "Adopting the Optional County Road System in _______ County."
(c)  If the majority of the votes received in the election favor adoption, this subchapter takes effect in the county on the date the official result of the election is determined.
(d)  A county that votes to adopt this subchapter may vote in the same manner to discontinue use of this subchapter.
(e)  An election on the question of adopting or discontinuing use of this subchapter may not be held more often than every two 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 252 - Systems of County Road Administration › Subchapter D. County Road Department System › Section 252.302. Organization of System

Sec. 252.302.  ORGANIZATION OF SYSTEM.  (a)  The county road department is responsible for the construction and maintenance of county roads.
(b)  The county road department includes:
(1)  the commissioners court as the policy-making body;
(2)  the county road engineer as the chief executive officer;
(3)  other administrative personnel;  and
(4)  road employees.
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 D. County Road Department System › Section 252.303. Countywide System

Sec. 252.303.  COUNTYWIDE SYSTEM.  In a county that adopts this subchapter, the construction and maintenance of county roads, the ownership and use of county road department equipment, materials, and supplies, and the administration of the county road department are to be based on the county as a whole without regard to commissioners' precincts.
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 D. County Road Department System › Section 252.304. County Road Engineer or Road Administrator

Sec. 252.304.  COUNTY ROAD ENGINEER OR ROAD ADMINISTRATOR.  (a)  The commissioners court shall appoint a county road engineer, who must:
(1)  be a licensed professional engineer experienced in road construction and maintenance;  and
(2)  meet the qualifications required by the Texas Department of Transportation for its district engineers.
(b)  If the commissioners court is unable to employ a licensed professional engineer, it may employ a county road administrator to perform the duties of the county road engineer.  The county road administrator must have had experience in road building or maintenance or other types of construction work qualifying the person to perform the duties of the position but need not have had any particular amount of professional training or experience in engineering work.
(c)  For purposes of this subchapter, a reference in another section of this subchapter to the county road engineer means the county road administrator.
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 D. County Road Department System › Section 252.305. Oath; Bonds

Sec. 252.305.  OATH;  BONDS.  (a)  A county road engineer must take the official oath of office.
(b)  As required by the commissioners court, the county road engineer and other administrative personnel of the county road department must give a bond in an amount and with a surety approved by the commissioners court.  The county shall pay the premiums on the bond.
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 D. County Road Department System › Section 252.306. Salary of County Road Engineer

Sec. 252.306.  SALARY OF COUNTY ROAD ENGINEER.  A county road engineer shall receive an annual salary to be paid in equal monthly installments out of the county road and bridge fund.
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 D. County Road Department System › Section 252.307. Term and Removal

Sec. 252.307.  TERM AND REMOVAL.  (a)  A county road engineer holds the position for an indefinite term.
(b)  A county road engineer may be removed by a majority vote of the commissioners court.  The removal takes effect on the 30th day after the date the county road engineer receives written notice that the court intends to remove the engineer.  The court shall hold a public hearing on the removal before the removal takes effect if the county road engineer requests a hearing in writing.
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 D. County Road Department System › Section 252.308. County Road Engineer Unable to Perform Duties

Sec. 252.308.  COUNTY ROAD ENGINEER UNABLE TO PERFORM DUTIES.  A commissioners court may designate a qualified administrative officer to perform the county road engineer's duties during any period in which the county road engineer is absent or unable to perform those duties.
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 D. County Road Department System › Section 252.309. Powers and Duties of County Road Engineer

Sec. 252.309.  POWERS AND DUTIES OF COUNTY ROAD ENGINEER.  (a)  The county road engineer is responsible to the commissioners court for the efficient and economical construction and maintenance of the county roads.
(b)  The county road engineer may:
(1)  appoint for an indefinite term and remove the county road department's personnel, subject to the approval of the commissioners court;  and
(2)  authorize administrative personnel to employ and remove subordinates.
(c)  Except for the purpose of inquiry, the commissioners court shall deal with the county road department's personnel through the county road engineer.
(d)  The county road engineer shall attend all meetings of the commissioners court relating to county road matters and may participate in the discussions and make recommendations.
(e)  The county road engineer shall:
(1)  ensure that the policies of the commissioners court relating to county roads are faithfully executed;
(2)  supervise the administration of the county road department;
(3)  prepare detailed annual budget estimates for the construction and maintenance of the county roads and the operation of the county road department;
(4)  prepare estimates and specifications for the equipment, materials, supplies, and labor necessary for the construction and maintenance of the county roads and the operation of the county road department;
(5)  serve as custodian of the equipment, materials, and supplies belonging to the county road department;
(6)  prepare plans and specifications for county road construction and maintenance;
(7)  maintain cost-accounting records of county road department expenditures;
(8)  keep an inventory of county road department equipment, materials, and supplies;  and
(9)  perform any other duties required by the commissioners court that are consistent with this subchapter.
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 D. County Road Department System › Section 252.310. Inspections

Sec. 252.310.  INSPECTIONS.  The county road engineer shall inspect for the county the progress of work on a county road construction and maintenance project awarded to a private contractor.
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 D. County Road Department System › Section 252.311. Funding

Sec. 252.311.  FUNDING.  (a)  Expenditures for the construction and maintenance of the county roads and the operation of the county road department shall be paid out of the county road and bridge fund strictly in accordance with annual budgeted appropriations.
(b)  On application of the county road engineer, the commissioners court may transfer any part of an unencumbered appropriation balance for an item in the county road and bridge fund budget to another item.
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 D. County Road Department System › Section 252.312. Competitive Bidding

Sec. 252.312.  COMPETITIVE BIDDING.  (a)  Except as provided by Subsection (b), the commissioners court shall purchase the equipment, materials, and supplies for the county road department through competitive bidding in conformity with estimates and specifications prepared by the county road engineer.
(b)  If the county road engineer so recommends and the commissioners court considers it to be in the best interest of the county, a purchase in an amount of $50,000 or less may be made through negotiation by the commissioners court or the court's authorized representative on requisition to be approved by the commissioners court or the county auditor without advertising for competitive bids.
(c)  A purchase may not be divided or reduced to avoid the competitive bidding requirement on a purchase that would otherwise cost more than $50,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 115, Sec. 3, eff. Sept. 1, 2001;  Acts 2001, 77th Leg., ch. 675, Sec. 2, eff. June 13, 2001.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 271 (S.B. 1720), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 252 - Systems of County Road Administration › Subchapter D. County Road Department System › Section 252.313. Payment of Claims

Sec. 252.313.  PAYMENT OF CLAIMS.  Before the commissioners court orders payment of a claim covering the purchase of equipment, materials, supplies, or services, including county road construction or maintenance, contracted for by the court, the county road engineer must certify in writing that the claim is correct and that:
(1)  any equipment, materials, or supplies covered by the claim conform to specifications approved by the county road engineer and have been delivered in good condition;
(2)  any county road department services contracted for by the commissioners court have been satisfactorily performed;  and
(3)  any county road construction or maintenance done under the contract conforms to the plans and specifications called for in the contract.
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 D. County Road Department System › Section 252.314. Donations

Sec. 252.314.  DONATIONS.  A commissioners court may accept donations of labor, money, or other property to aid in the building or maintaining of roads in the county.
Added by Acts 2013, 83rd Leg., R.S., Ch. 834 (H.B. 1384), Sec. 1, eff. June 14, 2013.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 253 - County Improvement of Subdivision Roads › Section 253.001. Applicability

Sec. 253.001.  APPLICABILITY.  This chapter applies only to a subdivision, part of a subdivision, or an access road.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 1245 (H.B. 2591), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 253 - County Improvement of Subdivision Roads › Section 253.002. Definition

Sec. 253.002.  DEFINITION.  In this chapter, "improvement" means construction or repair.
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 253 - County Improvement of Subdivision Roads › Section 253.003. Proposal for County Improvement of Subdivision Roads and Assessment of Costs

Sec. 253.003.  PROPOSAL FOR COUNTY IMPROVEMENT OF SUBDIVISION ROADS AND ASSESSMENT OF COSTS.  If the commissioners court of a county determines that the improvement of a road in a subdivision or of an access road to a subdivision is necessary for the public health, safety, or welfare of the residents of the county, the commissioners court may propose to:
(1)  improve the road to comply with county standards for roads;  and
(2)  assess all or part of the costs of the improvement pro rata against the record owners of the real property of the subdivision or a defined part of the subdivision.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1131, Sec. 1, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 253 - County Improvement of Subdivision Roads › Section 253.004. Notice

Sec. 253.004.  NOTICE.  (a)  The commissioners court must publish notice of the proposed improvement and assessment at least twice in a newspaper of general circulation in the county.
(b)  The notice must state the date the commissioners court will hold a public hearing to consider the proposed improvement and assessment.
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 253 - County Improvement of Subdivision Roads › Section 253.005. Public Hearing

Sec. 253.005.  PUBLIC HEARING.  The commissioners court must hold a public hearing to consider the proposed improvement and assessment on or after the 31st day after the date the commissioners court publishes the first required notice.
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 253 - County Improvement of Subdivision Roads › Section 253.006. Ballot

Sec. 253.006.  BALLOT.  (a)  Not later than the 10th day after the date the commissioners court holds a public hearing under Section 253.005, the commissioners court by certified mail shall send to each record owner of real property in the subdivision or part of the subdivision to be assessed:
(1)  a ballot on whether the commissioners court shall order the improvement and assessment;  and
(2)  an addressed stamped envelope for the return of the completed ballot to the county clerk.
(b)  The ballot must state the maximum assessment that could be made against each property in the subdivision or part of the subdivision to be assessed if a majority of the votes received favor the proposition.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1131, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 253 - County Improvement of Subdivision Roads › Section 253.007. Results of Vote

Sec. 253.007.  RESULTS OF VOTE.  (a)  Not later than the 30th day after the date of the public hearing, the county clerk shall tally the returned ballots and declare the results to the commissioners court.
(b)  If a majority of returned ballots are in favor of the improvement and assessment, the commissioners court shall order the improvements and assess the costs of the improvements against the real property owners of the subdivision or part of the subdivision.
(c)  If the proposition fails, the commissioners court may not:
(1)  order the improvement and assessment;  or
(2)  again propose the improvement and assessment before the fourth anniversary of the date the county clerk declares the results of the vote to the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2003, 78th Leg., ch. 1131, Sec. 3, eff. June 20, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 253 - County Improvement of Subdivision Roads › Section 253.008. Assessment of Costs

Sec. 253.008.  ASSESSMENT OF COSTS.  (a)  The commissioners court may provide the time, terms, and conditions of payment and default of an assessment.
(b)  Except as provided by Subsection (d), the commissioners court may not require the payment of interest on an assessment.
(c)  An assessed property owner is personally liable for the amount of the assessment.
(d)  Beginning on the second anniversary of the date of an assessment, the Commissioners Court of Aransas County by order may require the payment of interest on the assessment at the rate determined under Section 304.003, Finance Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1236 (S.B. 802), Sec. 2, eff. June 17, 2011.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 253 - County Improvement of Subdivision Roads › Section 253.009. Lien

Sec. 253.009.  LIEN.  (a)  An assessment is secured by a lien against the real property of the assessed property owner.
(b)  The lien is effective on the date written notice of the assessment is filed for record in the office of the county clerk of the county in which the property is located.
(c)  The written notice must be in recordable form and contain the:
(1)  amount of the assessment;
(2)  legal description of the property;  and
(3)  name and address of each property owner.
(d)  An assessment lien under this chapter is inferior only to a tax lien or mortgage lien recorded before the effective date of the assessment lien.
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 253 - County Improvement of Subdivision Roads › Section 253.010. Appeal

Sec. 253.010.  APPEAL.  (a)  Not later than the 15th day after the date a property owner receives an assessment, the owner may appeal the assessment by filing a petition in a district court having jurisdiction in the county.
(b)  The appeal may be made on the basis of the assessment amount or the inaccuracy, irregularity, invalidity, or insufficiency of the proceedings or the road improvements.
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 253 - County Improvement of Subdivision Roads › Section 253.011. Maintenance of Roads

Sec. 253.011.  MAINTENANCE OF ROADS.  (a)  A road improved under this chapter is a county road.
(b)  The county shall maintain the road according to county road standards.
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 253 - County Improvement of Subdivision Roads › Section 253.012. Roads in Municipalities

Sec. 253.012.  ROADS IN MUNICIPALITIES.  (a)  If a road in a subdivision or an access road to a subdivision is located in a municipality, the county may improve the road only if the governing body of the municipality and the commissioners court:
(1)  agree that the county may improve the road; and
(2)  in the agreement indicate whether the improved road will become a county road or a municipal road.
(b)  Before a county may improve a road located in a municipality under this section:
(1)  the county must meet the other requirements of this subchapter; and
(2)  the commissioners court of the county must find that the improvement of the road serves a county purpose.
(c)  Section 253.011 does not apply to a road improved under this section.
Added by Acts 2007, 80th Leg., R.S., Ch. 1245 (H.B. 2591), Sec. 2, eff. June 15, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 254 - Drainage on Public Roads › Section 254.001. Definitions

Sec. 254.001.  DEFINITIONS.  In this chapter:
(1)  "Ditch" includes a drain or other watercourse.
(2)  "Public road" means a road or highway that has not been discontinued and that has been established according to law, and includes each road or highway opened to and used by the public for at least 10 years before March 25, 1897.
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 254 - Drainage on Public Roads › Section 254.002. Petition for Drainage Construction

Sec. 254.002.  PETITION FOR DRAINAGE CONSTRUCTION.  (a)  The commissioners court of a county may not order a drainage system to be constructed unless a petition is presented to the court as provided by this section.
(b)  To be valid, the petition must include:
(1)  the signatures of at least 100 registered voters of the county;
(2)  a statement of the necessity for and availability of the drainage system;
(3)  the number of miles of public roads, as accurately as possible;
(4)  the width and depth of the ditches to be built along the first-class roads;
(5)  the name and location of each natural waterway crossed by the county's first-class roads;
(6)  the distance of each waterway from another along the first-class roads;  and
(7)  the names and residences, if known, of each owner of real property adjacent to or within one mile of each first-class 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 254 - Drainage on Public Roads › Section 254.003. Notice of Hearing on Establishing Drainage System

Sec. 254.003.  NOTICE OF HEARING ON ESTABLISHING DRAINAGE SYSTEM.  (a)  After a petition is filed under Section 254.002, the county clerk shall issue notice of the petition not later than the 20th day before the date on which the next regular session of the commissioners court convenes.  Each notice must contain a brief statement of the contents of the petition and must require all interested persons who wish to contest the petition to appear at the court's next regular session.
(b)  The county clerk shall post a copy of the notice:
(1)  at the courthouse door;  and
(2)  at each of four other public places in the county, not more than one of which may be posted in the same municipality.
(c)  The sheriff shall post the notices and shall return them to the county clerk on or before the first day of the term.
(d)  For services provided under this section, the county clerk shall receive a fee of $1.50.
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 254 - Drainage on Public Roads › Section 254.004. Hearing and Determination on Establishing Drainage System

Sec. 254.004.  HEARING AND DETERMINATION ON ESTABLISHING DRAINAGE SYSTEM.  (a)  At the hearing on the petition, the commissioners court shall:
(1)  consider the petition and hear all testimony for or against its provisions;  and
(2)  determine whether the drainage system proposed by the petition is necessary or advisable for the public benefit.
(b)  If the court approves the petition, the court shall:
(1)  order the decision entered into the court's minutes and made part of the record;  and
(2)  enter into the minutes whether notice was properly served.
(c)  The court's order is final if notice was properly served.
(d)  If the court disapproves the petition for the drainage system, the court may not hear another application for the drainage system before the first anniversary of the date of disapproval.
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 254 - Drainage on Public Roads › Section 254.005. Authority to Provide Drainage

Sec. 254.005.  AUTHORITY TO PROVIDE DRAINAGE.  (a)  The commissioners court of a county may order the construction or maintenance of ditches as provided by this chapter at any regular session of the court.
(b)  If a ditch is constructed under this chapter, the ditch must be placed on or within the exterior lines of a public road in the county and must have the capacity to carry off into a natural waterway all surface water reasonably adjacent that may collect in the ditch from natural causes.
(c)  The commissioners court shall:
(1)  make a drain on each side of a public road when necessary and use the dirt from the drain excavation to build the road;  and
(2)  drain a public road when necessary and have one or more ditches cut for that purpose, taking into account the natural waterflow and causing as little damage as possible to adjacent property owners.
(d)  In connection with its authority to construct and maintain ditches, the commissioners court may construct any necessary side, lateral, spur, or branch ditch.
(e)  The commissioners court may acquire by purchase or condemnation any new or wider right-of-way not wider than 100 feet for streambed diversion and drainage channels, but only for locating, constructing, or maintaining a county road.  The cost of acquisition may be paid from the county road and bridge fund or any available county money.
(f)  If damages are suffered by a property owner, the commissioners court shall determine the damages and pay the property owner out of the county general fund.  If the commissioners court and the property owner disagree as to the amount of damages, the amount may be determined by civil suit.
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 254 - Drainage on Public Roads › Section 254.006. Restrictions on Drainage Authority

Sec. 254.006.  RESTRICTIONS ON DRAINAGE AUTHORITY.  (a)  The commissioners court of a county may not construct a ditch without an outlet to a natural waterway large enough to carry off all water that may collect in the ditch.
(b)  The commissioners court may not change the natural course of any branch, creek, or stream.  The public road must cross a branch, creek, or stream at the water's natural crossing.
(c)  A culvert must be of sufficient size to allow water to flow, at its natural rate at its normal peak level, from the side of the road where the road intersects the natural channel to the natural channel at the other side of 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 254 - Drainage on Public Roads › Section 254.007. Private Ditches

Sec. 254.007.  PRIVATE DITCHES.  An owner of real property abutting a road or ditch or the owner of a tract of property that is located wholly or partly within one mile of a road or ditch may construct at the owner's cost lateral drainage ditches and may connect those ditches with a main ditch constructed under this chapter.
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 254 - Drainage on Public Roads › Section 254.008. Regulation of Private Ditches in Counties of 100,000 or Less

Sec. 254.008.  REGULATION OF PRIVATE DITCHES IN COUNTIES OF 100,000 OR LESS.  (a)  In a county with a population of 100,000 or less, the commissioners court by order may:
(1)  remove the blockage of a ditch on real property that is not owned by the county, if the ditch connects with a drainage ditch constructed or maintained by the county;  or
(2)  provide for the removal or clearance of a blockage from a ditch that is in violation of an order adopted under this section.
(b)  Before a commissioners court acts to remove or clear a blockage under this section, the court shall send a notice by certified mail to the record owners of the property on which the blockage is located in violation of an order adopted under this section.  The notice must inform the owners of the order and of the other relevant provisions of this section.  The court may not remove or clear the blockage before the 20th day after the date the notice is sent.
(c)  The commissioners court shall pay the costs incurred in clearing or removing a blockage under this section.
(d)  In this section:
(1)  "Blockage" means an accumulation of refuse, vegetation, or other matter in a ditch that substantially decreases or stops the flow of water through the ditch.
(2)  "Ditch" includes a culvert.
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 254 - Drainage on Public Roads › Section 254.010. Appointment of Jury of View

Sec. 254.010.  APPOINTMENT OF JURY OF VIEW.  (a)  At any regular or called session of the commissioners court after the filing of the surveyor's report, the court shall appoint five real property owners of the county as a jury of view.  An appointee may not:
(1)  have a direct interest in property adjacent to a proposed ditch or within one mile of a proposed ditch;  or
(2)  have a family relationship with a person having a direct interest in property described by Subdivision (1).
(b)  The court may appoint a single jury of view for the entire proposed drainage system or a separate jury of view for each ditch.
(c)  If the jurors selected fail or refuse to perform their duties or the report of the jury is rejected by the commissioners court, the court may appoint another jury of view with the same duties as the initial jury.
(d)  A member of a jury of view is entitled to compensation in the amount of $3 for each day of service.
(e)  After the appointment of a jury of view, the county clerk shall provide the jurors with a certified copy of the petition, court order, and the original surveyor's report with maps, specifications, and the surveyor's estimate of costs.
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 254 - Drainage on Public Roads › Section 254.011. Oath of Jury

Sec. 254.011.  OATH OF JURY.  Members of the jury of view must take the following oath before assuming their duties:  "I do solemnly swear that I am not directly interested in the construction of the proposed ditch, either as the owner or otherwise, or in adjacent land lying within one mile of the proposed ditch, and that I am not related to any person who is so interested.  I further swear that I have no bias or prejudice toward any person directly interested in the ditch, and that I will assess the amount of expense due on and by all adjacent lands lying within one mile of the ditch, according to law, without fear, favor, hatred, or hope of reward, to the best of my knowledge and ability.  So help me God."
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 254 - Drainage on Public Roads › Section 254.012. Notice to Property Owners of Jury Proceedings

Sec. 254.012.  NOTICE TO PROPERTY OWNERS OF JURY PROCEEDINGS.  (a)  Not later than the fifth day before the date of the meeting to determine costs of ditch construction, the jury of view shall issue notice of the time and place of the meeting to each property owner or to the agent of each property owner who owns real property adjacent to or within one mile of the proposed ditch.  The notice must state that:
(1)  the purpose of the meeting is to determine each property owner's share of the expense of constructing the ditch;  and
(2)  each property owner's share of the total expense of constructing the ditch is to be a proportional share of one-half of the total expense of constructing the ditch.
(b)  The notice may be served by anyone competent to testify and shall be returned and filed with the jury's final report.
(c)  Notice to a property owner who is not a resident of the county and does not have an agent or representative in the county shall be published in a newspaper in the county in the manner provided for giving notice to a nonresident defendant in a district court action.  The notice must be published at least four weeks before the jury's meeting date.
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 254 - Drainage on Public Roads › Section 254.013. Claims by Property Owners

Sec. 254.013.  CLAIMS BY PROPERTY OWNERS.  (a)  A person whose real property may be affected by the ditch may appear before the jury of view and express the person's opinion on any matter relating to the assessment of expense against the person.  The owner at or before the time stated in the notice of the jury's meeting may present to the jury a written statement of an objection to or dissatisfaction with the ditch and any claim for damage sustained because of the construction of the ditch.
(b)  Failure to make an objection or claim for damages under Subsection (a) is a waiver of all claim or right to make the objection or claim.
(c)  The jury shall return each claim or objection to the commissioners court with the jury's report.
(d)  An adjacent property owner may appear before and be heard by the commissioners court on the property owner's protest or claim against the action of the jury.
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 254 - Drainage on Public Roads › Section 254.014. Determination of Damages and Assessments; Action of Commissioners Court

Sec. 254.014.  DETERMINATION OF DAMAGES AND ASSESSMENTS;  ACTION OF COMMISSIONERS COURT.  (a)  After giving the required notice and conducting a meeting at which all interested persons have been heard, the jury of view shall:
(1)  consider all of the partial estimates and the surveyor's total cost estimate;
(2)  draw parallel lines one mile on each side of the ditch;  and
(3)  apportion to each parcel of real property abutting or within the parallel lines and to the owner of each parcel a proportional share of one-half of the total expense of the ditch, considering the relative amount of benefit to the property derived from the ditch.
(b)  The jury shall determine the damages due to any property owner whose property is crossed by any spur, branch, or lateral ditch constructed by order of the commissioners court.  Before the ditch may be opened, the damages must be paid by an order of the court out of the money set aside for the ditch.
(c)  The jury shall make a sworn report to the court, signed by at least three jurors, as soon as practicable after its meeting.  The report must include:
(1)  an accurate description of each tract of property assessed, with the number of acres and the names of the owners;  and
(2)  the amount assessed against each tract and its owners.
(d)  The jury shall return the surveyor's report and records to the county clerk.  The county clerk shall file the jury's report and the surveyor's report and records.  The reports and records are public information after filing.
(e)  The commissioners court shall approve or reject the jury's report at its next regular or called term.
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 254 - Drainage on Public Roads › Section 254.015. Appeals by Property Owners

Sec. 254.015.  APPEALS BY PROPERTY OWNERS.  (a)  A person aggrieved by an assessment may appeal from the final order of the commissioners court approving the report of the jury of view to the appropriate court in the county by:
(1)  giving notice of the appeal in open court;
(2)  having the notice entered as part of the judgment of the court;  and
(3)  filing a transcript of the proceeding in the commissioners court with the justice or clerk of the court to which the appeal is taken.
(b)  The transcript must be filed not later than the 10th day after the date the judgment of the commissioners court is entered, and must be filed with an appeal bond that has at least two good sureties.  The appeal bond must:
(1)  be in an amount that is at least twice the amount of the probable costs to accrue;
(2)  be conditioned that the appellant will prosecute the appeal to effect and pay all costs that may be adjudged against the appellant in the appeal;  and
(3)  be approved by the clerk or justice of the court.
(c)  The issue in an appeal from an assessment of expense is whether the assessment made against the appellant for construction of the ditch is in proportion to the benefit to the real property derived from the ditch.
(d)  The issue in an appeal from an assessment of compensation is whether the assessment of compensation made by the jury of view is adequate to the damage suffered and to the value of the 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 254 - Drainage on Public Roads › Section 254.016. Procedures Governing Property Owner Appeal

Sec. 254.016.  PROCEDURES GOVERNING PROPERTY OWNER APPEAL.  (a)  In an appeal of an assessment under Section 254.015, the appellant has the burden of proof.
(b)  The court that tries the appeal shall determine the amount of expense chargeable to the appellant, or the amount of compensation due the appellant, as appropriate, and shall enter that amount as the court's judgment.
(c)  Except as provided by Subsection (d), the costs of the appeal shall be adjudged against the appellant.
(d)  The costs of the appeal shall be adjudged against the county if the court finds that:
(1)  the amount chargeable to the appellant is less than the amount of expense charged by the jury of view;  or
(2)  the appellant is entitled to a greater amount of compensation as damages than determined by the jury of view.
(e)  Not later than the fifth day after the date of the judgment, the clerk of the court or the justice, as appropriate, shall issue a certified copy of the judgment and return it to the commissioners court.  The commissioners court shall:
(1)  file the judgment with the records relating to the ditch;  and
(2)  enter the judgment as the judgment of the commissioners court.
(f)  After the commissioners court enters the judgment on appeal:
(1)  there is no further appeal from the judgment of the court for either party to the appeal;  and
(2)  the appellant is liable for the amount of expense or entitled to the amount of compensation, as applicable, as determined by the judgment.
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 254 - Drainage on Public Roads › Section 254.017. Certification and Collection of Assessments; Liens

Sec. 254.017.  CERTIFICATION AND COLLECTION OF ASSESSMENTS;  LIENS.  (a)  At the same term at which the commissioners court enters its order for the construction of the ditches and adjoining roadway or at any subsequent term, the court shall enter on its minutes a list of each tract of real property for which an assessment of expense was made and reported by the jury of view and approved by the court.  The list must include:
(1)  the names of the owners and original grantees of each tract;
(2)  the number of acres covered by the assessment;  and
(3)  the amount of the assessment.
(b)  The county clerk shall issue a certificate against each person on the list showing the amount of each assessment, the ditch or road for which the assessment was issued, and the tract of property on which the assessment was issued.  The certificate must be signed by the county judge in open court and attested under the hand and seal of the county clerk, and that fact shall be noted in the minutes of the court.
(c)  All amounts assessed against any property and its owner by the jury of view or the order of the court are a lien on the property unless prohibited by the Texas Constitution.
(d)  The county judge shall deliver the certificates to the county treasurer, and shall take a receipt for delivery from the treasurer and file it with the county records relating to the ditch.  The treasurer shall collect each amount due on the certificates and deposit the money collected to the credit of the county road and bridge fund.
(e)  If a person against whom a certificate is issued does not pay the amount due to the treasurer on demand, the treasurer shall report that fact to the county attorney.  The county attorney shall immediately file suit for foreclosure of the lien or for a personal judgment, as permitted by law.
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 254 - Drainage on Public Roads › Section 254.018. Appropriation for Ditch Construction

Sec. 254.018.  APPROPRIATION FOR DITCH CONSTRUCTION.  Following its approval of the report of the jury of view, the commissioners court may order that a portion of the road and bridge fund or the special road and bridge fund, if necessary, be set aside for the construction of the ditch described in the report.
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 254 - Drainage on Public Roads › Section 254.019. Carrying Out Construction of Ditches

Sec. 254.019.  CARRYING OUT CONSTRUCTION OF DITCHES.  (a)  The commissioners court shall order the person in charge of the road adjoining the proposed ditch to construct the ditch in the manner prescribed, using the earth taken from the excavation to build a raised road adjoining the ditch.  In the alternative, the court may hire a suitable and competent person other than the person normally in charge of the road adjacent to the proposed ditch to oversee the construction of the ditch for compensation in an amount ordered by the court.
(b)  The court by order shall assign to the person in charge of constructing the ditch all county employees assigned to the road adjacent to the ditch and all county equipment and materials.  The order shall provide that the person may employ additional labor or purchase additional equipment or material to construct the ditch.  The order must show the amount to be paid to the director of construction for the person's services.  The court shall order the money required for additional labor, equipment, or material to be paid from the money set aside from the road and bridge fund.
(c)  The drainage system shall be applied first to the county's first-class roads, followed by the second-class and third-class roads.
(d)  The county may construct one or more ditches at the same time, as the financial condition of the county permits.
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 255 - County Regulation of Sight Distances › Section 255.001. Definition

Sec. 255.001.  DEFINITION.  In this chapter, "sight distance" means the unimpaired view of a motorist at or near the intersection of a road with another road or with an alley, driveway, or another way intended for vehicular traffic.
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 255 - County Regulation of Sight Distances › Section 255.002. County Regulatory Authority

Sec. 255.002.  COUNTY REGULATORY AUTHORITY.  (a)  The commissioners court of a county by order may regulate the sight distance for an intersection that involves a county road and that is located outside the limits of a municipality.  The commissioners court may:
(1)  define the appropriate sight distance;
(2)  prohibit an obstruction of the sight distance by any vegetation, loose earth, or other item except a building or other structure affixed to the ground, if the obstruction is a traffic hazard;  and
(3)  provide for the removal and disposition of an obstruction maintained in violation of an order adopted under this section.
(b)  The commissioners court may not adopt an order under this section that conflicts with an ordinance of a municipality located in the county or with a rule adopted by a state agency relating to billboards or outdoor advertising.  An order adopted in violation of this subsection is void.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.