reglab/statecodes huggingface dataset:
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.105. Hearing on Petition

Sec. 257.105.  HEARING ON PETITION.  (a)  At the time and place set for the hearing of a petition presented under Section 257.102, or on a subsequent date set at that time, the commissioners court of each county in the proposed road district shall hear the petition and all matters relating to the proposed district.
(b)  Any interested person may appear before the court in person or by attorney and support or protest the establishment of the proposed road district.
(c)  The court may adjourn the hearing from day to day and from time to time as it considers necessary.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.106. Order of Election to Establish District

Sec. 257.106.  ORDER OF ELECTION TO ESTABLISH DISTRICT.  (a)  The commissioners court of each county included in whole or part in a proposed road district may issue and record in its minutes an order directing that an election be held within the county or the defined portion of the county if on the hearing of the petition to establish the district the court finds that:
(1)  the petition is signed by the required number of registered voters of the county or defined portion of the county;
(2)  notice of the hearing was given as required by law;  and
(3)  the establishment of the proposed district by the consolidation of the county or defined portion of the county with the other counties or defined portions of counties named in the proceedings would be for the benefit of all taxable property in the county or defined portion of the county.
(b)  The court shall order the election to be held on the next uniform election date authorized by Subchapter A, Chapter 41, Election Code, that occurs after the 15th day after the date of the order.  An election must be held on the same date in each county in the proposed road district.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.107. Election to Establish District

Sec. 257.107.  ELECTION TO ESTABLISH DISTRICT.  (a)  Notice of an election to establish a road district under this subchapter shall be given in the same manner and for the same time required for notices of the hearing on the petition to establish the district.
(b)  The conduct of the election and the canvassing and making the returns is governed by general law when not in conflict with this section.
(c)  The officer directed by the commissioners court of each county to administer the election in the county shall make returns of the election to the commissioners court and return all ballot boxes to the clerk of the commissioners court.
(d)  The commissioners court of each county or portion of a county in the proposed road district, on receiving the returns of the election, shall canvass the returns and certify the result of the election in the county or defined portion of the county to the county judge of the county in the proposed district with the greatest population.  On receipt of the returns of the election in the different counties or defined portions of counties in the proposed district, the county judge designated to canvass the votes shall canvass the votes and certify the result of the election to each county included in whole or part in the proposed district.
(e)  If a majority of the votes received in each county or defined portion of a county favor the consolidation of the counties or portions of counties into a defined road district, the commissioners court of each county or portion of a county shall declare the district established, and the district shall be known as "_______ Counties Road District of Texas," listing in alphabetical order each county included in whole or part in the district.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.108. Ex Officio District Directors

Sec. 257.108.  EX OFFICIO DISTRICT DIRECTORS.  (a)  The following are ex officio directors of a road district established under this subchapter:
(1)  for a county that is wholly included in the district, the county judge and each county commissioner;  and
(2)  for a county only part of which is included in the district, the county judge and the county commissioner of each commissioner precinct included in whole or part in the district.
(b)  The ex officio directors have the same power and authority in the management of the affairs of the road district as the commissioners court of a county has in a road district located entirely 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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.109. Meetings of Commissioners or Directors

Sec. 257.109.  MEETINGS OF COMMISSIONERS OR DIRECTORS.  A joint meeting of the commissioners courts or ex officio directors of a road district established under this subchapter may be adjourned from day to day or time to time as the courts consider necessary and advisable.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.110. District Treasurer or Depository

Sec. 257.110.  DISTRICT TREASURER OR DEPOSITORY.  (a)  At a joint meeting held for that purpose in the county having the greatest population, the commissioners of the counties included in whole or part in a road district established under this subchapter shall select a treasurer or depository for the district.  The treasurer or depository must be a bank, banking corporation, or individual banker resident in the district.
(b)  The treasurer or depository is governed by the laws and subject to the penalties applicable by law to a depository of county money.
(c)  The selected treasurer or depository may not receive any road district money until the treasurer or depository gives a surety bond to the district:
(1)  in an amount equal to the amount of district money deposited;
(2)  made with a corporate surety authorized to do business in the state;  and
(3)  conditioned on the safekeeping and paying of the district money.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.111. Purchase of Improved Roads

Sec. 257.111.  PURCHASE OF IMPROVED ROADS.  (a)  A road district established under this subchapter may purchase or take over an improved road previously constructed by a county or by another road district.
(b)  A district may purchase or take over a road under Subsection (a) only in the manner provided by Subchapter D, Chapter 1471, Government Code, except that a petition is not required to be filed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.381, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.112. Bonds and Tax Authorized

Sec. 257.112.  BONDS AND TAX AUTHORIZED.  As provided by Section 52, Article III, Texas Constitution, to construct, maintain, and operate macadamized, graveled, or paved roads or turnpikes, or in aid of those activities, two or more adjoining counties or portions of adjoining counties through a road district established under this subchapter may:
(1)  issue bonds in any amount not to exceed one-fourth of the taxable value of the real property located in the district;
(2)  impose an annual ad valorem tax to pay the interest on the bonds;  and
(3)  provide a sinking fund for the redemption of the bonds.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.113. Order for Bond Election

Sec. 257.113.  ORDER FOR BOND ELECTION.  (a)  The members of the commissioners courts of the counties included in whole or part in a road district established under this subchapter at a joint meeting held in the county having the greatest population may order an election to authorize bonds for the district.
(b)  The members of the commissioners courts shall order the election to be held on a date authorized by Section 41.001, Election Code.  Notice of the election shall be given as provided by Chapter 4, Election Code.
(c)  At the election, the voters shall be permitted to vote for or against the following proposition:
"Authorizing the _______________ Counties Road District of Texas to issue the bonds of the district in the total sum of $__________ and to levy annually ad valorem taxes on all taxable property in the district to pay the interest on the bonds and create a sinking fund to redeem the principal at maturity for the purpose of the construction, maintenance, and operation of macadamized, graveled, or paved road and turnpikes or in aid of these purposes within the district.
"The roads to be constructed from the proceeds of the sale of the bonds and the amount apportioned to each road is as follows:
"(Here set out the road or roads as described in the order and notice of the election to determine the establishment of the district and the amount to be expended on each road or roads.)"
(d)  If the proposition provides for the road district to purchase or take over improved roads constructed by an included county or another road district included in the road district, the election order must conform to the requirements of Section 1471.081, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.382, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.114. Notice of Bond Election

Sec. 257.114.  NOTICE OF BOND ELECTION.  (a)  A certified copy of an order for an election made under Section 257.113 shall be sent to the county clerk of each county included in whole or part in the road district.
(b)  After the clerk receives the certified copy of the election order, the commissioners court of each county at a regular or special session of the court held in the respective counties shall give notice of the proposed bond election to be held on the date provided by the order.  The notice must state the time and place at which the election is to be held and state in substance the contents of the order.
(c)  All other proceedings relating to the question submitted must be in accordance with the provisions of Chapter 1471, Government Code, that apply to county road bond elections.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.383, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.115. Declaration of Bond Election Results

Sec. 257.115.  DECLARATION OF BOND ELECTION RESULTS.  The ex officio directors of a road district established under this subchapter by order shall declare the result of a district bond election and certify the result to the county judge of the county in the road district that has the greatest population.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.116. Orders to Issue Bonds and Levy Tax

Sec. 257.116.  ORDERS TO ISSUE BONDS AND LEVY TAX.  If in a bond election held under this subchapter two-thirds of the votes received in each county or portion of a county included in the road district favor issuing the bonds, the commissioners court of each county or portion of a county, as soon after the declaration of the result of the election as practicable, shall pass the orders necessary to issue the bonds and impose taxes to pay the bonds.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.117. Levy of Bond Tax

Sec. 257.117.  LEVY OF BOND TAX.  (a)  Each year, the commissioners courts of the counties included in whole or part in a road district established under this subchapter shall determine the amount of the district bond tax to be imposed.
(b)  The commissioners court of each county shall impose the portion of the bond tax imposed by the road district in that county at the time and in the manner that other taxes are imposed in the county by the commissioners court of the county.  The imposition of the tax is governed by the law governing the imposition of county 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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.118. Issuance of Bonds

Sec. 257.118.  ISSUANCE OF BONDS.  (a)  Bonds issued by a road district under this subchapter shall be:
(1)  issued in the name of the road district;
(2)  signed by the county judge of each county included in whole or part in the district;  and
(3)  countersigned by the clerk of each of those counties.
(b)  The seal of the commissioners court of each county included in whole or part in the district must be impressed on the bonds.
(c)  The bonds must be attested by the treasurer or depository of the district.
(d)  As nearly as practicable, the bonds shall be issued in the form used for the issuance of county bonds, except as provided by this section.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.119. Sale of Bonds

Sec. 257.119.  SALE OF BONDS.  (a)  The commissioners courts of the counties included in whole or part in a road district established under this subchapter, at a joint meeting held in the county having the greatest population, shall advertise bonds issued under this subchapter for sale in an advertisement or notice published in a newspaper of general circulation published in the district not later than the 10th day before the date set for the sale.
(b)  The commissioners courts shall convene in joint meeting in the county having the greatest population on the date specified for the sale in the notice to consider bids for the purchase of the bonds.  The courts may reject any bid.
(c)  The commissioners courts shall sell some or all of the bonds at that joint meeting at a price permitted by Chapter 1204, Government Code. The purchase money shall be deposited with the road district's treasurer or depository to the credit of the available road fund of the road district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.384, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.120. Bond Proceeds

Sec. 257.120.  BOND PROCEEDS.  (a)  On the issuance and sale of road district bonds under this subchapter, the commissioners court of each county included in whole or part in the road district may adopt any necessary order setting aside an amount of the proceeds from the sale of the bonds as the ex officio directors of the road district consider necessary to be used for the maintenance, repair, and upkeep of the district's roads.
(b)  The necessary expense incident to the issuance of the bonds may be paid out of the proceeds from the sale of the bonds.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.121. Application of County Bond Laws

Sec. 257.121.  APPLICATION OF COUNTY BOND LAWS.  Except as otherwise provided by this subchapter, the general laws governing county road bonds authorized under Section 52, Article III, Texas Constitution, apply to the authorization, issuance, approval, certification, registration, sale, and payment of bonds issued under 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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.122. Interest Rate and Maturity of Bonds

Sec. 257.122.  INTEREST RATE AND MATURITY OF BONDS.  Bonds issued under this subchapter shall mature not later than the 40th anniversary of the date of their issuance and shall bear interest at a rate not to exceed that provided by Chapter 1204, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.  Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.385, eff. Sept. 1, 2001.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.123. Bond Records

Sec. 257.123.  BOND RECORDS.  (a)  The commissioners court of each county included in whole or part in a road district established under this subchapter shall make a record of the district bonds issued under this subchapter.
(b)  The county clerk of each county shall keep the record.  The record must show:
(1)  the numbers of the bonds;
(2)  the amount of each bond;
(3)  the interest rate of each bond;
(4)  the date of issue of each bond;  and
(5)  when each bond is due and where it is payable.
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 257 - Road Districts › Subchapter C. Road District in Adjoining Counties › Section 257.124. Bond Warrants

Sec. 257.124.  BOND WARRANTS.  (a)  The treasurer or depository of a road district established under this subchapter shall pay out the proceeds from the sale of the district's bonds on warrants drawn on the available road fund and issued by the county clerk of the county in the road district having the greatest population.  A warrant must be countersigned by the county judge of each district included in whole or part in the road district.
(b)  A warrant may be issued only in payment of a certified account approved by the ex officio directors of the district.
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 258 - Clarification of Existence of Public Interest in Road by Adoption of County Road Map › Section 258.001. Clarification of Public Interest in Road

Sec. 258.001.  CLARIFICATION OF PUBLIC INTEREST IN ROAD.  Notwithstanding Chapter 281, a county may clarify the existence of a public interest in a road as provided by this chapter.
Added by Acts 2003, 78th Leg., ch. 236, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 258 - Clarification of Existence of Public Interest in Road by Adoption of County Road Map › Section 258.003. Conclusive Evidence

Sec. 258.003.  CONCLUSIVE EVIDENCE.  Except as provided by Section 258.004, a county road map adopted under Section 258.002 is conclusive evidence of:
(1)  the public's right of access over a road included on the map;  and
(2)  the county's authority to spend public money to maintain a road included on the map.
Added by Acts 2003, 78th Leg., ch. 236, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 258 - Clarification of Existence of Public Interest in Road by Adoption of County Road Map › Section 258.004. Contest

Sec. 258.004.  CONTEST.  (a)  A person asserting a private right, title, or interest in a road in which the existence of a public interest is asserted under this chapter may contest the inclusion of the road in the county road map by filing a suit in a district court in the county in which the road is located not later than the second anniversary of the date on which the county road map including the road was adopted.
(b)  The county has the burden of proving that the county has continuously maintained, as that term is defined by Section 258.002, the road in question.
Added by Acts 2003, 78th Leg., ch. 236, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 258 - Clarification of Existence of Public Interest in Road by Adoption of County Road Map › Section 258.005. Transfer of Interest

Sec. 258.005.  TRANSFER OF INTEREST.  (a)  The commissioners court shall include a notice of its intention to consider adoption of the county road map with the ad valorem tax statements for the year before the adoption of a county road map under Section 258.002.  The notice must include a list of all roads in which the county will claim the existence of a public interest by adoption of the map, the date the commissioners court will hold the public meeting required by Section 258.002(b), and a statement that a landowner has a right to protest under Section 258.002(b).  If a property owner tenders a warranty deed to the county for property included in the right-of-way of a county road, the commissioners court shall accept and file the warranty deed.
(b)  The commissioners court shall include a notice of the adoption of the county road map with the ad valorem tax statements for the year after the year in which the county adopts a map under Section 258.002.  The notice must include a list of all roads in which the county has claimed the existence of a public interest by adoption of the map, the date of the adoption, and the date on which the statute of limitations will bar a landowner from filing a suit in district court to dispute the county's claim.
Added by Acts 2003, 78th Leg., ch. 236, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 258 - Clarification of Existence of Public Interest in Road by Adoption of County Road Map › Section 258.006. Tax Abatement; Reversion of Interest

Sec. 258.006.  TAX ABATEMENT;  REVERSION OF INTEREST.  (a)  A private right, title, or interest, other than a mineral interest, held by a person in land underlying a road in which the county has successfully asserted the existence of a public interest under this chapter is exempt from ad valorem taxation by any taxing authority.
(b)  A right, title, or interest described in Subsection (a) reverts completely to the person who held the right, title, or interest at the time the county successfully asserted the existence of the public interest in the land if the county ceases to maintain the road, and the person is liable for all ad valorem taxes levied on that right, title, or interest on or after the reversion.
(c)  To levy and collect an ad valorem tax on a right, title, or interest described in Subsection (a) that has reverted to the landowner under Subsection (b), the taxing authority must obtain from the county an order stating that the county has ceased to maintain the road.  The owner of the right, title, or interest will be liable for any ad valorem tax levied on the right, title, or interest on or after the date of the county's order.
Added by Acts 2003, 78th Leg., ch. 236, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 258 - Clarification of Existence of Public Interest in Road by Adoption of County Road Map › Section 258.007. Application of Chapter

Sec. 258.007.  APPLICATION OF CHAPTER.  This chapter applies only to a county that initiates or completes compliance with the provisions of this chapter before September 1, 2011.
Added by Acts 2003, 78th Leg., ch. 236, Sec. 1, eff. Sept. 1, 2003.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1303 (H.B. 2462), Sec. 1, eff. June 19, 2009.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle C - County Roads and Bridges › Chapter 280 - Miscellaneous Provisions › Section 280.001. Condemning Railroad Roadbed

Sec. 280.001.  CONDEMNING RAILROAD ROADBED.  The commissioners court of a county may condemn a railroad roadbed on the petition of at least 20 freeholders of an unincorporated community for the purpose of opening, widening, or extending a street in the community.
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 280 - Miscellaneous Provisions › Section 280.002. Authority of Certain Counties to Remove Property From County Roads

Sec. 280.002.  AUTHORITY OF CERTAIN COUNTIES TO REMOVE PROPERTY FROM COUNTY ROADS.  (a)  In this section, "personal property" includes personal property of any kind or character, including a motor vehicle.
(b)  This section applies only to a county with a population of 3.3 million or more.
(c)  Except as provided by Subsection (g), a county commissioner may order the removal of personal property by the county from the right-of-way or roadway of a county road if the county commissioner determines the property:
(1)  blocks the right-of-way or roadway for at least six hours;  or
(2)  endangers public safety.
(d)  A county commissioner may order the removal of the personal property by the county without the consent of the owner or carrier of the property.
(e)  The owner and the carrier of personal property removed under this section shall reimburse a county for the costs of removal and disposition.
(f)  Notwithstanding any other provision of law, a county and its officers, agents, and employees are not liable for:
(1)  any damage to personal property resulting from its removal or disposal by the county unless the removal or disposal is carried out recklessly or in a grossly negligent manner; or
(2)  any damage resulting from the failure to exercise authority granted under this subchapter.
(g)  A county commissioner may not order the removal of personal property of a public utility that is using the right-of-way or roadway of a county road to install, maintain, repair, or otherwise access a facility of the public utility.
Added by Acts 2005, 79th Leg., Ch. 1030 (H.B. 1092), Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 295 (H.B. 1420), Sec. 1, eff. June 15, 2007.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 281 - Acquisition of Public Interest in Private Road by Certain Counties › Section 281.001. Applicability of Chapter

Sec. 281.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a county with a population of 50,000 or less.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 281 - Acquisition of Public Interest in Private Road by Certain Counties › Section 281.002. Acquisition of Public Interest in Private Road

Sec. 281.002.  ACQUISITION OF PUBLIC INTEREST IN PRIVATE ROAD.  A county may acquire a public interest in a private road only by:
(1)  purchase;
(2)  condemnation;
(3)  dedication;  or
(4)  a court's final judgment of adverse possession.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 281 - Acquisition of Public Interest in Private Road by Certain Counties › Section 281.003. Dedication

Sec. 281.003.  DEDICATION.  (a)  For purposes of this chapter, a dedication must be:
(1)  an explicit voluntary grant of the use of a private road for public purposes;  and
(2)  communicated in writing to the commissioners court of the county in which the real property is located.
(b)  An oral dedication or intent to dedicate by overt act is not sufficient to establish a public interest in a private road under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 281 - Acquisition of Public Interest in Private Road by Certain Counties › Section 281.004. Adverse Possession

Sec. 281.004.  ADVERSE POSSESSION.  For purposes of this chapter, adverse possession is not established by the:
(1)  use of a private road by the public with the permission of the owner;  or
(2)  maintenance with public funds of a private road in which a public interest is not recorded.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 281 - Acquisition of Public Interest in Private Road by Certain Counties › Section 281.005. Resolution of Commissioners Court

Sec. 281.005.  RESOLUTION OF COMMISSIONERS COURT.  (a)  After a public interest in a private road is acquired under this chapter, the commissioners court of the county in which the road is located shall record by resolution the interest in the records of the court.
(b)  The resolution must state:
(1)  the date on which the interest was acquired;  and
(2)  the circumstance by which the interest was acquired.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 281 - Acquisition of Public Interest in Private Road by Certain Counties › Section 281.006. Notice to Owner Required

Sec. 281.006.  NOTICE TO OWNER REQUIRED.  A commissioners court may not assert a public interest in a private road acquired under this chapter until the court:
(1)  complies with Section 281.005;  and
(2)  gives written notice to the owner of the road in person or by registered mail to the address of the owner shown on the most recent ad valorem tax roll for the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 281 - Acquisition of Public Interest in Private Road by Certain Counties › Section 281.007. Contest

Sec. 281.007.  CONTEST.  A person asserting a right, title, or interest in a private road in which a public interest is asserted under this chapter may file suit in a district court in the county in which the road is located not later than the second anniversary after the later of:
(1)  the date that the resolution required by Section 281.005 is recorded;  or
(2)  the date the notice required by Section 281.006 is given to the owner.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.001. Applicability of Chapter

Sec. 282.001.  APPLICABILITY OF CHAPTER.  This chapter applies only to a county with a population of 350,000 or more.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.002. Grant of Franchise Authorized

Sec. 282.002.  GRANT OF FRANCHISE AUTHORIZED.  The commissioners court of a county may grant to a person a franchise for the construction, maintenance, and operation of a toll underpass or tunnel under a body of water and any necessary approach to the underpass or tunnel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.003. Term of Franchise

Sec. 282.003.  TERM OF FRANCHISE.  The term of a franchise granted under this chapter may not exceed 50 years.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.004. Contract Authorized

Sec. 282.004.  CONTRACT AUTHORIZED.  The commissioners court may contract with the franchisee to finance, construct, own, maintain, and operate a toll underpass or tunnel and any approach.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.005. Maintenance Required

Sec. 282.005.  MAINTENANCE REQUIRED.  (a)  The franchise must be conditioned on the franchisee's building and keeping in continuous repair, for the term of the franchise, the toll underpass or tunnel and any approach in accordance with the plans and specifications in the contract and franchise.
(b)  The contract and franchise must provide that the franchisee keep the underpass or tunnel and any approach in continuous repair during the term of the contract or franchise.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.006. Toll

Sec. 282.006.  TOLL.  The commissioners court and the franchisee shall agree on a reasonable toll to impose for all cattle, railroads, persons, or vehicles that pass through the underpass or tunnel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.007. Option of County to Purchase

Sec. 282.007.  OPTION OF COUNTY TO PURCHASE.  The contract and franchise granted may provide that the county has the right to purchase the underpass or tunnel at the time and price specified by the contract or franchise.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.008. Ownership by County Authorized

Sec. 282.008.  OWNERSHIP BY COUNTY AUTHORIZED.  The commissioners court may provide for the county to construct, acquire, own, and operate an underpass or tunnel and any necessary approach as part of the county's road and bridge system.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.009. Crossing Under Navigable Body of Water

Sec. 282.009.  CROSSING UNDER NAVIGABLE BODY OF WATER.  The franchise must provide that the underpass or tunnel be constructed so that, where it crosses a navigable body of water, the tunnel or underpass is at a depth below the fixed navigable depth of the body of water adequate to comply with law and the rules and regulations of a state authority or department of the United States government in charge of the body of water.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.010. Toll by County Authorized

Sec. 282.010.  TOLL BY COUNTY AUTHORIZED.  The commissioners court of a county that operates an underpass or tunnel may impose a toll for use of the underpass or tunnel.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.011. Condemnation of Right-of-Way or Easement

Sec. 282.011.  CONDEMNATION OF RIGHT-OF-WAY OR EASEMENT.  A county may condemn a right-of-way or easement in real property necessary to construct an underpass, tunnel, or approach.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 282 - Toll Underpass or Tunnel in Certain Counties › Section 282.012. Grants or Loans of Public Funds

Sec. 282.012.  GRANTS OR LOANS OF PUBLIC FUNDS.  A commissioners court may enter into an agreement that relates to a grant or loan of public funds from the federal government as necessary to carry out this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter A. General Provisions › Section 283.001. Definitions

Sec. 283.001.  DEFINITIONS.  In this chapter:
(1)  "Bondholder" includes a trustee for a bondholder.
(2)  "Bond instrument" means a bond resolution or trust indenture.
(3)  "Interim bond" means a temporary bond, with or without coupons, that may be converted to a definitive bond.
(4)  "Project" means a causeway, bridge, or tunnel, including a necessary approach, fixture, accessory, or equipment that:
(A)  is located in one county;  and
(B)  traverses or lies under the water of the Gulf of Mexico, including a bay or inlet opening.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter A. General Provisions › Section 283.002. Applicability

Sec. 283.002.  APPLICABILITY.  This chapter applies only to a county that:
(1)  borders on the Gulf of Mexico;  and
(2)  has a population of at least 20,000 as determined before the issuance of bonds under this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter A. General Provisions › Section 283.003. General Authority to Act

Sec. 283.003.  GENERAL AUTHORITY TO ACT.  (a)  Except as provided in Subsection (b), a county acting through its commissioners court may:
(1)  construct, acquire, improve, operate, and maintain a project;
(2)  authorize by resolution and issue revenue bonds, including interim bonds, to pay the cost of construction, acquisition, or improvement of the project;  and
(3)  accept a loan, gift, or grant from this state or the United States and enter into any agreement necessary to obtain the loan, gift, or grant.
(b)  A county may not construct a bridge that traverses a ship channel or waterway with a maintained depth of 20 feet or more.
(c)  Except as provided by Section 283.104, a county may act as authorized by this chapter without the consent, approval, supervision, or regulation of the state.
(d)  A county performs an essential governmental function when it acts as authorized by this chapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter B. Provisions Relating to a Project › Section 283.101. Acquisition of Property

Sec. 283.101.  ACQUISITION OF PROPERTY.  (a)  A county acting under this chapter may enter on land, water, or other premises to make a survey, sounding, or examination of the property.
(b)  When a condemnation proceeding is filed by a county, the county may take immediate possession of the property being condemned pending the results of the proceeding if the county tenders a bond or other security approved by the court that is sufficient to secure the property owner for damages to the property.
(c)  The state grants to a county any easement or right-of-way traversing state property that is necessary or convenient to the construction, acquisition, or efficient operation of a project.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter B. Provisions Relating to a Project › Section 283.102. Management of Project

Sec. 283.102.  MANAGEMENT OF PROJECT.  (a)  A bond instrument may allow the project to be managed and controlled by a board of trustees while the bonds issued are outstanding.
(b)  The bond instrument in providing for a board of trustees must:
(1)  name no more than five board members;
(2)  provide the manner of appointment;  and
(3)  specify the powers and duties of the board.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter B. Provisions Relating to a Project › Section 283.103. Tolls Required

Sec. 283.103.  TOLLS REQUIRED.  The county shall impose tolls and other charges for use of the project in amounts that are sufficient to:
(1)  pay operation and maintenance costs of the project;
(2)  pay principal and interest when due on the bonds;
(3)  establish a reserve fund if required;  and
(4)  establish an adequate depreciation and replacement fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter B. Provisions Relating to a Project › Section 283.104. Operation and Maintenance of Project

Sec. 283.104.  OPERATION AND MAINTENANCE OF PROJECT.  (a)  The commission may:
(1)  agree with a county to operate, maintain, or contribute to the maintenance costs of a project if the agreement is not inconsistent with the rights of the bondholders;
(2)  lease a project from a county under terms that are agreed to by the county and that are not inconsistent with the bond instrument;  and
(3)  declare or operate all or part of a project as part of the state highway system only if the property and contract rights in the project and in the bonds are not unfavorably affected.
(b)  The project shall become part of the state highway system and the commission shall maintain the project free of tolls when:
(1)  the principal and interest due on the bonds are paid;  or
(2)  a sufficient reserve to pay the principal and interest due on the bonds until maturity has been deposited in an irrevocable trust fund for the benefit of the bondholders.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.201. Bond Proceeds

Sec. 283.201.  BOND PROCEEDS.  (a)  Except as provided in Subsection (b), the proceeds of bonds issued under this chapter shall be:
(1)  used only to pay the cost of the project described by Section 283.202;  and
(2)  disbursed consistent with the terms of the bond instrument.
(b)  Bond proceeds remaining after the cost of the project has been paid in full shall be used to pay interest on and retire the bonds.
(c)  Unless otherwise provided in a bond instrument, if the bond proceeds are insufficient to pay the cost of the project, additional bonds may be issued up to the amount of the deficit and the bonds are:
(1)  considered part of the same issue as the bonds first issued;  and
(2)  entitled to payment from the same fund without preference or priority of the bonds first issued.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.202. Costs and Expenses

Sec. 283.202.  COSTS AND EXPENSES.  (a)  The cost of the project may include:
(1)  the cost of construction;
(2)  the cost of all property used in the construction, acquisition, improvement, operation, or maintenance of the project;
(3)  payment of the cost of condemning property, including the award, court costs, and attorney's fees;
(4)  payment of all legal, fiscal, or engineering expenses incurred in the acquisition or construction of the project, the making of any preliminary survey or investigation, or the authorization and issuance of the bonds;  and
(5)  payment of interest on the bonds before construction, during construction, and for one year after construction of the project.
(b)  Any preliminary expense paid from a county fund shall be repaid to the fund from the proceeds of the bonds when available.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.203. Source of Repayment

Sec. 283.203.  SOURCE OF REPAYMENT.  (a)  A bond authorized by this chapter may be paid only from the revenues received from the operation of the project.
(b)  The bond is not a debt of the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
2023 Texas Statutes › Transportation Code › Title 6 - Roadways › Subtitle D - Road Laws Relating to Particular Counties › Chapter 283 - Causeways, Bridges, and Tunnels in Certain Counties › Subchapter C. Provisions Relating to Bonds › Section 283.204. Depository for Proceeds and Revenues

Sec. 283.204.  DEPOSITORY FOR PROCEEDS AND REVENUES.  A bank or trust company in this state may:
(1)  act as a depository of bond proceeds or revenues received from the operation of a project;  and
(2)  provide an indemnity bond or pledge securities required by the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.