TRANSPORTATION CODE
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 251. GENERAL COUNTY AUTHORITY RELATING TO ROADS AND BRIDGES
SUBCHAPTER A. GENERAL PROVISIONS
§ 251.001. DEFINITIONS. In this chapter as applied to a
public road:
(1) "Abandon" means to relinquish the public's right
of way in and use of the road.
(2) "Discontinue" means to discontinue the
maintenance of the road.
(3) "Vacate" means to terminate the existence of the
road by direct action of the commissioners court of a county.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.002. PUBLIC ROADS. A public road or highway that
has been laid out and established according to law and that has not
been discontinued is a public road.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.003. CONSTRUCTION AND MAINTENANCE OF PUBLIC
ROADS. (a) The commissioners court of a county may:
(1) make and enforce all necessary rules and orders
for the construction and maintenance of public roads;
(2) hire the labor and purchase the machinery and
equipment needed to construct and maintain public roads; and
(3) use any necessary material most convenient to
build, repair, or maintain public roads, regardless of the location
or extent of the material.
(b) The court may enter any necessary order for the use of
inmates of the county jails to work on the county roads or to build
bridges.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.004. COMMISSIONERS AS ROAD SUPERVISORS. (a) The
county commissioners are the supervisors of the public roads in a
county unless the county adopts an optional system of administering
the county roads under Chapter 252.
(b) A county commissioner serving as a road supervisor shall
supervise the public roads in the commissioner's precinct at least
once each month.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.005. COMMISSIONER'S ROAD REPORT. (a) A county
commissioner serving as a road supervisor shall make a sworn annual
report during the ninth month of the county fiscal year on a form
approved by the commissioners court showing:
(1) the condition of each road or part of a road and of
each culvert and bridge in the commissioner's precinct;
(2) the amount of money reasonably necessary for
maintenance of the roads in the precinct during the next county
fiscal year;
(3) the number of traffic control devices in the
precinct defaced or torn down;
(4) any new road that should be opened in the precinct;
and
(5) any bridges, culverts, or other improvements
necessary to place the roads in the precinct in good condition, and
the probable cost of the improvements.
(b) The report shall be entered in the minutes of the
commissioners court to be considered in improving public roads and
determining the amount of taxes imposed for public roads.
(c) The report shall be submitted, together with each
contract made by the court since its last report for any work on any
road, to the grand jury at the first term of the district court
occurring after the report is made to the commissioners court.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 621, § 1, eff. June 11, 1997; Acts
1997, 75th Leg., ch. 917, § 1, eff. Sept. 1, 1997.
§ 251.006. OBTAINING MATERIAL FOR PUBLIC
ROADS. (a) The commissioners court of a county may condemn
material necessary to construct, repair, or maintain public roads
if the owner of the material rejects the price that the court
determines to be a fair price.
(b) The commissioners court shall appoint commissioners to
condemn the material. A condemnation commissioner is entitled to a
fee of $2 for each day of service. The fee shall be paid on order of
the commissioners court from the same fund from which payment for
the materials is made.
(c) The condemnation commissioners shall hold a hearing to
set a fair and reasonable value for the material according to the
current method for pricing or valuing the material. The
compensation awarded by the condemnation commissioners for the
material shall be paid to the owner of the material or deposited
with the county treasurer to the owner's credit. When the payment
or deposit is made, the county has the right to enter on and use the
material.
(d) If the owner of the material or the county is not
satisfied with the compensation awarded, the owner or county may
appeal the award in the manner provided for appeal of a condemnation
case.
(e) Payment for material needed for the general system of
county roads shall be made from the county road and bridge fund or
from the proceeds of any county bond issue. Payment for material to
be used for the benefit of a defined district or political
subdivision of the county shall be made from the district or
subdivision's funds derived from the sale of bonds or the
collection of special taxes.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.007. CLASSIFICATION OF COUNTY ROADS. (a) The
commissioners court of each county shall classify each public road
in the county as a first-class, second-class, or third-class road.
(b) A county may not reduce a first-class or second-class
road to a lower class.
(c) A first-class road must be not less than 40 feet wide or
more than 100 feet wide. The causeway on a first-class road must be
at least 16 feet wide.
(d) A second-class road and a causeway on a second-class
road must meet the requirements applicable to a first-class road.
(e) A third-class road must meet the requirements
applicable to a first-class road, except that:
(1) a third-class road may be less than 40 but not less
than 20 feet wide; and
(2) the causeway on a third-class road may be less than
16 but not less than 12 feet wide.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.008. GENERAL REQUIREMENTS FOR COUNTY ROADS. A
public road of any class must:
(1) be clear of all obstructions;
(2) have all stumps over six inches in diameter cut
down to not more than six inches of the surface and rounded off; and
(3) have all stumps of six inches or less in diameter
cut smooth with the ground.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.009. CONSTRUCTION OF CATTLE GUARDS ON COUNTY ROADS
IN CERTAIN COUNTIES; OFFENSE. (a) The commissioners court of a
county with a population of less than 60,000 may authorize the
construction of cattle guards on a county road of any class. A
cattle guard authorized under this section is not an obstruction of
the road.
(b) The commissioners court shall establish plans and
specifications for a standard cattle guard to be used on the county
roads. The plans and specifications must be plainly written and
supplemented by drawings as necessary and must be available for
inspection by the residents of the county.
(c) A person who constructs a cattle guard on a county road
that does not conform to the plans and specifications established
under Subsection (b) commits an offense. An offense under this
subsection is a misdemeanor punishable by a fine of not less than $5
or more than $100.
(d) The commissioners court may construct a cattle guard on
a county road of any class and may pay for its construction from the
county road and bridge fund if the court finds that the construction
of the cattle guard is in the best interest of the residents of the
county.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2003, 78th Leg., ch. 128, § 2, eff. May 27, 2003.
§ 251.0095. REPLACEMENT AND REPAIR OF EXISTING CATTLE
GUARDS ON COUNTY ROADS. (a) The commissioners court of a county
may authorize the replacement or repair of an existing cattle guard
on a county road of any class.
(b) The commissioners court may replace or repair a cattle
guard on a county road of any class and may pay for its replacement
or repair from the county road and bridge fund if the court finds
that the replacement or repair of the cattle guard is in the best
interest of the residents of the county.
Added by Acts 2003, 78th Leg., ch. 128, § 1, eff. May 27, 2003.
§ 251.010. GATES ON THIRD-CLASS AND NEIGHBORHOOD ROADS;
OFFENSES. (a) A person, including a neighborhood association,
who owns or controls real property on which a third-class road or a
neighborhood road established under Section 251.053 is located for
which the right-of-way was obtained without cost to the county may
erect a gate across the road when necessary. The person shall place
a permanent hitching post and stile block on each side of the gate
within 60 feet of the gate. The gate must be:
(1) at least 10 feet wide;
(2) free of obstructions above the gate;
(3) constructed so that opening and shutting the gate
will not cause unnecessary delay to persons, including emergency
personnel, using the road; and
(4) constructed with a fastening to hold the gate open
until a person using the gate passes through it.
(b) The property owner shall keep the gate and the
approaches to the gate in good order.
(c) A person who erects a gate across a road specified by
Subsection (a) and who wilfully or negligently fails to comply with
a requirement of this section commits an offense. An offense under
this subsection is a misdemeanor punishable by a fine of not less
than $5 or more than $20. Each week that the person fails to comply
with this section constitutes a separate offense.
(d) A person who wilfully or negligently leaves open a gate
on a road specified by Subsection (a) commits an offense. An
offense under this subsection is a misdemeanor punishable by a fine
of not less than $5 or more than $20.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 1123, § 1, eff. Sept. 1, 1999.
§ 251.011. DETOUR ROADS. (a) The commissioners court
of a county shall establish detour roads for the convenience of the
public when a county road that is not part of the state highway
system must be closed to traffic for road construction. When a
county detour road is in use, the county has the same authority over
the road as over an established public road.
(b) The commissioners court shall:
(1) post all signs necessary for the convenience and
guidance of the public at each end of a county detour road; and
(2) maintain a county detour road so that it is
reasonably adequate for normal traffic requirements.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.012. COUNTY AUTHORITY IN MUNICIPALITY. (a) With
the approval of the governing body of a municipality, the
commissioners court of a county may spend county money to finance
the construction, improvement, maintenance, or repair of a street
or alley in the county that is located in the municipality,
including the provision of:
(1) necessary roadbed preparation or material;
(2) paving or other hard covering of the street or
alley;
(3) curbs, gutters, bridges, or drainage facilities;
or
(4) any construction, improvement, maintenance, or
repair allowed under Section 791.032, Government Code, if the
commissioners court finds that the county will receive benefits as
a result of the work on the street or alley.
(b) County work authorized by this section may be done or
financed:
(1) by the county through the use of county equipment;
(2) by an independent contractor with whom the county
has contracted;
(3) by the county as an independent contractor with
the municipality; or
(4) by the municipality, with the municipality to be
reimbursed by the county.
(c) A county acting under this section has, to the extent
practicable, the same powers and duties relating to imposing
assessments for the construction, improvement, maintenance, or
repair as the municipality would have if the municipality were to
finance and undertake that activity.
(d) A county acting under Subsection (b) may not spend bond
proceeds for the construction of a new road in a municipality unless
the construction is specifically authorized in the election
approving the issuance of the bonds, regardless of the source of the
money used to acquire the equipment used to construct the road.
(e) The authority granted by this section is in addition to
the authority of a county provided by a local road law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 671, § 2, eff. Sept. 1, 1999.
§ 251.013. ROAD NAMES AND ADDRESS NUMBERS. (a) The
commissioners court of a county by order may adopt uniform
standards for naming public roads located wholly or partly in
unincorporated areas of the county and for assigning address
numbers to property located in unincorporated areas of the county.
The standards apply to any new public road that is established.
(b) The commissioners court of a county by order may adopt a
name for a public road located wholly or partly in an unincorporated
area of the county and may assign address numbers to property
located in an unincorporated area of the county for which there is
no established address system.
(c) If an order adopted under this section conflicts with a
municipal ordinance, the municipal ordinance prevails in the
territory in which it is effective.
(d) A commissioners court may adopt an order under this
section only after conducting a public hearing on the proposed
order. The court shall give public notice of the hearing at least
two weeks before the date of the hearing.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.014. COUNTY IMPROVEMENT OF STATE
HIGHWAY. (a) The commissioners court of a county may enter into
an agreement with the commission for the county to carry out a
project or activity for the improvement of a segment of the state
highway system.
(b) In this section, "improvement" means construction,
reconstruction, maintenance, and the making of a necessary plan or
survey before beginning construction, reconstruction, or
maintenance and includes a project or activity appurtenant to a
state highway, including surveying, making a traffic count, or
landscaping or an activity relating to a drainage facility,
driveway, sign, light, or guardrail.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1997, 75th Leg., ch. 1171, § 1.27, eff. Sept. 1, 1997.
§ 251.015. ASSISTING OTHER GOVERNMENTAL ENTITY. The
commissioners court of a county may use county road equipment,
construction equipment, including trucks, and employees necessary
to operate the equipment to assist another governmental entity on a
project if:
(1) the cost does not exceed $15,000;
(2) the use of the equipment or employees does not
interfere with the county's work schedule; and
(3) the county pays only the costs that the county
would pay if the county did not assist the governmental entity.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 1058, § 1, eff. June 18, 1999.
§ 251.016. GENERAL COUNTY AUTHORITY OVER ROADS,
HIGHWAYS, AND BRIDGES. The commissioners court of a county may
exercise general control over all roads, highways, and bridges in
the county.
Added by Acts 1999, 76th Leg., ch. 62, § 13.11(b), eff. Sept. 1,
1999.
§ 251.017. COUNTY AUTHORITY TO SET FEE. The
commissioners court of a county may set a reasonable fee for the
county's issuance of a permit authorized by this chapter for which a
fee is not specifically prescribed. The fee must be set and
itemized in the county's budget as part of the budget preparation
process.
Added by Acts 2001, 77th Leg., ch. 951, § 1, eff. Sept. 1, 2001.
SUBCHAPTER B. ESTABLISHING AND CLOSING ROADS
§ 251.051. GENERAL AUTHORITY OF COMMISSIONERS
COURT. (a) The commissioners court of a county shall:
(1) order that public roads be laid out, opened,
discontinued, closed, abandoned, vacated, or altered; and
(2) assume control of streets and alleys in a
municipality that does not have an active de facto municipal
government.
(b) A unanimous vote of the commissioners court is required
to:
(1) close, abandon, or vacate a public road; or
(2) alter a public road, except to shorten it from end
to end.
(c) The commissioners court of a county may not discontinue
a public road until a new road designated by the court as a
replacement is ready to replace it.
(d) The commissioners court may not discontinue, close, or
abandon an entire first-class or second-class road unless the road
has been vacated or unused for at least three years.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.052. PUBLIC APPLICATION FOR NEW ROAD OR ROAD
CHANGE. (a) The residents of a precinct may apply for a new road
or a change in an existing road by presenting to the commissioners
court a petition signed by:
(1) eight property owners in the precinct, if the
application is to request a new road or that a road be discontinued;
or
(2) one property owner in the precinct, if the
application is for a change in a road other than discontinuing the
road.
(b) A petition presented under Subsection (a)(1) must
specify the beginning and termination points of the proposed new
road or road to be discontinued.
(c) The commissioners court may not grant an order on an
application made under this section unless the applicants give
notice of their intent to apply by posting, at the courthouse door
and at two other places in the vicinity of the affected route, a
written notice of their intent for at least 20 days before the date
the application is made.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.053. NEIGHBORHOOD ROADS. (a) As provided by
this section, a commissioners court may declare as a public road:
(1) any line between the locations of any persons;
(2) any section line; or
(3) any practical route that is convenient to property
owners while avoiding hills, mountains, or streams through any
enclosures.
(b) A person who owns real property to which there is no
public road or other public means of access may request that an
access road be established connecting the person's real property to
the county public road system by making a sworn application to the
commissioners court requesting the court to establish the road.
The application must:
(1) designate the lines sought to be opened;
(2) include the names and places of residence of the
persons that would be affected by the establishment of the road;
and
(3) describe why the road is necessary.
(c) After an application is filed, the county clerk shall
issue notice to the sheriff or constable commanding that officer to
summon each property owner affected by the application. The
sheriff or constable shall serve the summons and make a return in
the manner in which process is served in a civil action in a justice
court. A property owner summoned must appear at the next regular
term of the commissioners court if the property owner elects to
contest the application.
(d) At a regular term of court following the service of the
summons under Subsection (c), the commissioners court may hear
evidence as to the truth of the application. If the court
determines that the applicants do not have access to their real
property and premises, the court may issue an order declaring the
lines designated in the application, or other lines established by
the court, to be a public road. The court may direct the public road
to be opened by the property owners and to remain open for a width of
not less than 15 feet or more than 30 feet on each side of a
designated line. The marked trees or other objects used to
designate the lines or the corners of the survey may not be removed
or defaced. Notice of the court's order shall be served immediately
on the property owners and a return of the notice made in the manner
provided by Subsection (c) for a return under that subsection. A
copy of the order shall be filed in the deed records in the office of
the county clerk.
(e) Damages to property owners incident to the opening of a
road under this section shall be assessed by a jury of property
owners in the manner provided for other public roads. The county
shall pay all costs incurred in connection with the proceedings to
open a road under this section.
(f) The commissioners court is not required to maintain a
road established under this section using county employees but
shall make the road initially suitable for use as an access public
road.
(g) In the case of a public road established under this
section that involves an enclosure of 1,280 acres or more, a person
who for 12 months after the person receives notice of the court's
order issued under Subsection (d) fails, neglects, or refuses to
leave open the person's real property free from all obstructions
for 15 feet on the person's side of the line designated by the order
commits an offense. An offense under this subsection is a
misdemeanor punishable by a fine not to exceed $20 for each month
that the person fails, neglects, or refuses to do so after the first
12 months after the person receives the notice.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.054. LAYING OUT NEW ROADS BY JURY OF VIEW. (a) A
new road ordered by the commissioners court of a county must be laid
out by a jury of view consisting of five property owners appointed
by the commissioners court. The jury of view shall lay out the road
to the greatest advantage of the public and shall survey and
describe the road. The commissioners court may order the county
surveyor to cooperate with the jury. The jury shall make a report
of its proceedings, including its field notes, survey, or other
description of the road, to the court at its next term after the
jury has completed its duties.
(b) Not later than the 10th day after the date the
commissioners court appoints a jury of view, the clerk of the court
shall prepare and deliver to the sheriff two copies of the
appointing order, endorsed with the date of that order, for each
person appointed. Not later than the 20th day after the date the
sheriff receives the copies, the sheriff shall serve one copy of the
order on each person appointed in person or by leaving it at the
person's usual place of residence. The sheriff shall make the
return of service to the clerk on the duplicate copy, stating the
date and manner of service or the reason that service was not
completed, as applicable.
(c) A person summoned as a juror of view who fails or refuses
to perform the service required by law as a juror is liable to the
county for a fine of $10. The fine may be recovered by the county
attorney or district attorney through a judgment obtained in the
name of the county.
(d) Before assuming the duties of a juror of view, each
person appointed must take the following oath: "I, ________, do
solemnly swear that I will lay out the road now directed to be laid
out by the order to us directed from the commissioners court,
according to law, without favor or affection, malice or hatred, to
the best of my skill and knowledge. So help me God."
(e) The jury of view shall issue a written notice of the time
at which it will lay out the road or assess damages incidental to
the opening of the road. Not later than the fifth day before the
date set out in the notice for action by the jury, the notice must be
served on each property owner, or the property owner's agent or
attorney, through whose real property the road may pass. Notice to
a property owner who is not a resident of the county may be given by
publication of the notice in a newspaper of circulation in the
county once a week for four consecutive weeks before the road is
established. Cost of publication shall be paid as directed by order
of the commissioners court.
(f) At or before the time set out in the notice for action by
the jury of view, a property owner may present to the jury a written
statement of the damages claimed by the property owner incidental
to the opening of the road. The jury shall assess the damages
incurred by each property owner and return the assessment and the
statement of damages claimed by the property owner with the jury's
report. If the commissioners court approves the report and orders
the road to be opened, it shall consider the jury's assessment of
damages and the property owner's statement and allow the property
owner just damages and adequate compensation for the real property
taken. If no objection is made to the jury's report and the court
considers the road sufficiently important, the court may take
action to open the road after the court:
(1) makes payment of any compensation allowed to
property owners or secures a special deposit with the county
treasurer to the property owners for any compensation allowed; and
(2) notifies the property owners of the payment or
deposit.
(g) A property owner may appeal the assessment of damages in
the manner provided for an appeal from a justice court. An appeal
is limited to the issue of the amount of damages incurred by the
property owner and may not prevent the opening of the road.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.055. EXTENDING FARM-TO-MARKET ROAD IN ADJOINING
COUNTY. A county that determines that it would significantly
benefit from the extension of a farm-to-market road in an adjoining
county may contract with the adjoining county for the extension and
agree to pay all or part of the cost that the adjoining county
necessarily incurs in extending the road.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.056. ROADS ACROSS PUBLIC REAL PROPERTY. (a) A
public road may not be opened across real property owned and used or
intended for use for public purposes by a state institution and not
subject to sale under the general law of this state without the
consent of the governing body of the institution and the approval of
the governor.
(b) The authority in charge of real property described by
Subsection (a) may close a road opened on that real property before
September 1, 1925, if the authority considers it necessary to
protect the interests of the state. An institution that closes a
road under this subsection shall compensate the county in which the
real property is located in an amount equal to the amount paid by
the county to condemn the real property, as shown by the records of
the commissioners court, together with eight percent interest.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.057. ABANDONMENT OF COUNTY ROAD. (a) A county
road is abandoned when its use has become so infrequent that one or
more adjoining property owners have enclosed the road with a fence
continuously for at least 20 years. The abandoned road may be
reestablished as a public road only in the manner provided for
establishing a new road.
(b) This section does not apply to:
(1) a road to a cemetery; or
(2) an access road that is reasonably necessary to
reach adjoining real property.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.058. CLOSING, ABANDONING, AND VACATING PUBLIC
ROAD. (a) A property owner may not enjoin the entry or
enforcement of an order of a commissioners court, acting at the
request of any person or on its own initiative, to close, abandon,
and vacate a public road or portion of a public road unless the
property owner is entitled to an injunction because:
(1) the person owns property that abuts the portion of
the road being closed, abandoned, and vacated; or
(2) the portion of the road being closed, abandoned,
and vacated provides the only ingress to or egress from the person's
property.
(b) Title to a public road or portion of a public road that
is closed, abandoned, and vacated to the center line of the road
vests on the date the order is signed by the county judge in the
owner of the property that abuts the portion of the road being
closed, abandoned, and vacated. A copy of the order shall be filed
in the deed records of the county and serves as the official
instrument of conveyance from the county to the owner of the
abutting property.
(c) This section does not deprive a person whose property
abuts the road at a point other than the portion of the road being
closed, abandoned, and vacated of a right to seek compensation for
damages caused by:
(1) any depreciation in the value of the property; or
(2) any impairment to the property owner's right of
ingress to or egress from the property.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.059. MAINTAINING ESTABLISHED COUNTY
ROADS. (a) When the commissioners court of a county has
established a county road and (i) the laying out of the road has
been established by a jury of view, (ii) the county road has been in
continuous use for more than 30 years, and (iii) public funds have
been expended for the upkeep and maintenance of the road for at
least 10 of the last 20 years, the commissioners court of a county
may declare that the road shall continue to be used as a public
road.
(b) When the commissioners court of a county determines
after declaring such road a public road that it is in more than one
county, the commissioners courts of the counties in which the road
is located may allocate by mutual agreement the costs of
maintenance of the road upon a finding by the commissioners courts
of the counties that the continued maintenance of the road as a
public road would be of benefit to the counties.
(c) It is hereby found by the legislature that all orders
enacted by the commissioners court of a county in establishing such
county roads and orders authorizing the expenditure of public funds
for the construction and maintenance of public roads were enacted
for a public purpose and all such orders are validated in all
respects.
Added by Acts 1997, 75th Leg., ch. 621, § 2, eff. June 11, 1997.
SUBCHAPTER C. COUNTY BRIDGES
§ 251.081. GENERAL AUTHORITY TO ERECT AND MAINTAIN
BRIDGES. The commissioners court of a county may erect and
maintain any necessary bridge in the county and make any necessary
appropriation for that purpose.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.082. ERECTION OF JOINT COUNTY BRIDGES. On
equitable terms agreed to by the commissioners courts of the
counties, two or more counties jointly may erect a bridge over a
stream that forms the boundary between counties or at any other
location at which the counties choose to erect a bridge.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.083. ERECTING AND MAINTAINING BRIDGE IN
MUNICIPALITY. (a) The commissioners court of a county may erect a
bridge in a municipality in the manner authorized by law for the
erection of a bridge outside a municipality.
(b) The commissioners court and the governing body of the
municipality may agree to erect the bridge jointly. The county or
the municipality may issue bonds to pay its proportionate share of
any resulting debt.
(c) The commissioners court of a county that owns a bridge
located in a municipality shall maintain the bridge in good
condition. The duty imposed by this subsection does not affect the
municipality's liability for an injury caused by a defective
condition of the bridge.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER D. ACQUISITION OF RIGHT-OF-WAY FOR COUNTY ROADS
§ 251.101. CONDEMNATION FOR COUNTY ROAD IN
MUNICIPALITY. (a) A county may exercise the power of eminent
domain in a municipality with the prior consent of the governing
body of the municipality to condemn and acquire real property, a
right-of-way, or an easement in public or private real property
that the commissioners court determines is necessary or convenient
to any road that forms or will form a connecting link in the county
road system or in a state highway.
(b) This section does not authorize the condemnation of
property used for cemetery purposes.
(c) A condemnation proceeding under this section must be
instituted under the direction of the commissioners court and in
the name of the county. The procedure established by Chapter 21,
Property Code, governs condemnation under this section.
(d) An appeal from the finding and assessment of damages by
the condemnation commissioners may not suspend work by the county
in connection with which the real property, right-of-way, or
easement is sought to be acquired. In an appeal, the county is not
required to give a bond for costs or other purposes.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.102. COST OF RELOCATING OR ADJUSTING UTILITY
FACILITY. A county shall include the cost of relocating or
adjusting an eligible utility facility in the expense of
right-of-way acquisition.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.103. RELOCATING WATER LINE. A county may pay for
relocating a water line owned by a water control and improvement
district if:
(1) the relocation is necessary to complete
construction or improvement of a farm-to-market road as described
by Section 256.008; and
(2) the district agrees to pay the county for the
relocation costs:
(A) within 20 years; and
(B) with interest at a rate equal to the rate paid
by the county on its road and bridge fund time warrants.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER E. COUNTY TRAFFIC REGULATIONS
§ 251.151. AUTHORITY OF COMMISSIONERS COURT. The
commissioners court of a county may regulate traffic on a county
road or on real property owned by the county that is under the
jurisdiction of the commissioners court.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.152. PUBLIC HEARING REQUIRED. (a) Except as
provided by Section 251.159, before the commissioners court may
issue a traffic regulation under this subchapter, the commissioners
court must hold a public hearing on the proposed regulation.
(b) The commissioners court shall publish notice of the
hearing in a newspaper of general circulation in the county. The
notice must be published not later than the seventh or earlier than
the 30th day before the date of the hearing.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.153. LOAD LIMITS ON COUNTY ROADS AND
BRIDGES. (a) The commissioners court of a county may establish
load limits for any county road or bridge in the manner prescribed
by Section 621.301.
(b) The commissioners court may authorize a county traffic
officer, sheriff, deputy sheriff, constable, or deputy constable to
weigh a vehicle to ascertain whether the vehicle's load exceeds the
limit prescribed by the commissioners court.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1227, § 1, eff. Sept. 1, 2001.
§ 251.154. MAXIMUM REASONABLE AND PRUDENT SPEEDS ON
COUNTY ROADS. (a) The commissioners court of a county, by order
entered on the minutes of the court, may determine and set a maximum
reasonable and prudent speed for a vehicle travelling on any
segment of a county road, including a road or highway intersection,
railroad grade crossing, curve, or hill.
(b) In determining the maximum reasonable and prudent
speed, the commissioners court shall consider all circumstances on
the affected segment of the road, including the width and condition
of the road surface and the usual traffic on the road.
(c) The maximum reasonable and prudent speed set by the
commissioners court under this section may be lower than the
maximum speed set by law for a vehicle travelling on a public
highway.
(d) A speed limit set by the commissioners court under this
section is effective when appropriate signs giving notice of the
speed limit are installed on the affected segment of the county
road.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.155. RESTRICTED TRAFFIC ZONES. (a) The
commissioners court of a county may adopt regulations establishing
a system of traffic control devices in restricted traffic zones on
property described by Section 251.151.
(b) A system of traffic control devices adopted under this
section must conform to the manual and specifications of the Texas
Department of Transportation.
(c) The commissioners court by order entered on its minutes
may install and maintain on property to which this section applies
any traffic signal light, stop sign, or no-parking sign that the
court considers necessary for public safety.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.156. PARKING RESTRICTIONS. (a) The
commissioners court of a county by order may have signs installed
that prohibit or restrict the stopping, standing, or parking of a
vehicle in a restricted traffic zone on property described by
Section 251.151, if in the opinion of the court the stopping,
standing, or parking:
(1) is dangerous to those using the road or property;
or
(2) will unduly interfere with:
(A) the free movement of traffic; or
(B) the necessary control or use of the property.
(b) The commissioners court of a county by order may provide
that in a prosecution for an offense involving the stopping,
standing, or parking of an unattended motor vehicle in a restricted
traffic zone on property described by Section 251.151 it is
presumed that the registered owner of the vehicle is the person who
stopped, stood, or parked the vehicle at the time and place the
offense occurred.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 1080, § 1, eff. Sept. 1, 2001.
§ 251.157. PROHIBITING USE OF ROAD. (a) In this
section, "road supervisor" means a person authorized to supervise
roads in a county or in a district or precinct of a county.
(b) A road supervisor may prohibit the use of a road or a
section of a road under the supervisor's control by any vehicle that
will unduly damage the road when:
(1) because of wet weather or recent construction or
repairs, the road cannot be safely used without probable serious
damage to it; or
(2) a bridge or culvert on the road is unsafe.
(c) Before prohibiting the use of a road under this section,
the road supervisor shall post notices that state the maximum load
permitted and the time the use of the road is prohibited. The
notices must be posted at locations that enable drivers to detour to
avoid the restricted road.
(d) The road supervisor may not prohibit the use of a road
under this section until a detour has been provided.
(e) If the owner or operator of a vehicle that is prohibited
from using a road under this section is aggrieved by the
prohibition, the person may file with the county judge of the county
in which the restricted road is located a written complaint that
sets forth the nature of the grievance. On the filing of the
complaint the county judge promptly shall set the issue for a
hearing to be held not later than the third day after the date on
which the complaint is filed. The county judge shall give to the
road supervisor written notice of the date and purpose of each
hearing.
(f) The county judge shall hear testimony offered by the
parties. On conclusion of the hearing, the county judge shall
sustain, revoke, or modify the road supervisor's decision on the
restriction. The county judge's judgment is final as to the issues
raised.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.158. TEMPORARY USE OF COUNTY ROAD FOR FESTIVAL OR
CIVIC EVENT. (a) The commissioners court of a county by order may
permit the temporary use of a county road located in an
unincorporated area of the county for a civic event, including a
festival.
(b) The court by order shall establish procedures for the
temporary diversion of traffic from the road being used for the
event.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.159. DELEGATION OF COMMISSIONERS'
AUTHORITY. (a) This section applies only to a county with a
population of more than 200,000.
(b) The commissioners court of a county may delegate to the
county engineer or other county employee any function of the
commissioners court under this subchapter, except as provided by
Subsection (e). An action of the county engineer or other county
employee under this section has the same effect as if the action
were an action of the commissioners court.
(c) Before issuing a traffic regulation under this
subchapter, the commissioners court, in lieu of publishing notice
required by a law other than this subchapter, may give notice of the
proposed regulation by posting a conspicuous sign in any location
to be affected by the regulation.
(d) The commissioners court is not required to hold a public
hearing on the proposed traffic regulation unless a resident of the
county requests a public hearing. The request must be in writing
and made before the eighth day after the later of:
(1) the date that the sign is posted; or
(2) the date that the notice under Section 251.152 is
published.
(e) If a public hearing is requested, the commissioners
court may not delegate the duty to hold the hearing.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 1999, 76th Leg., ch. 885, § 1, eff. June 18, 1999.
§ 251.160. LIABILITY OF OWNER OR OPERATOR FOR ROAD
DAMAGE. (a) A person who operates or moves a vehicle or other
object on a public road or bridge and the owner of the vehicle or
other object are jointly and severally liable for damage sustained
by the road or bridge as a result of the negligent operation or
moving of the vehicle or other object or as a result of the
operation or movement of the vehicle at a time prohibited by the
officials with authority over the road.
(b) The county judge by appropriate legal action may recover
damages for which liability is provided by this section. The county
attorney shall represent the county in an action under this
subsection. Damages collected under this subsection are for the
use of the county to benefit the damaged road or bridge.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 251.161. VIOLATIONS OF SUBCHAPTER; OFFENSE. (a) A
person commits a misdemeanor offense if the person:
(1) stops, stands, or parks a vehicle in violation of a
restriction stated on a sign installed under Section 251.156;
(2) defaces, injures, knocks down, or removes a sign
or traffic control device installed under an order of the
commissioners court of a county issued under this subchapter;
(3) operates a motor vehicle in violation of an order
of the commissioners court entered under this subchapter; or
(4) otherwise violates this subchapter.
(b) Except as provided by Subsections (c) and (d), an
offense under this section is punishable by a fine not to exceed
$50.
(c) If it is shown on the trial of an offense under this
section that the person has previously been convicted one time of
the offense, the offense is punishable by a fine not to exceed $200.
(d) If it is shown on the trial of an offense under this
section that the person has previously been convicted two times of
the offense, the offense is punishable by:
(1) a fine not to exceed $500;
(2) confinement in the county jail for a term not to
exceed 60 days; or
(3) both the fine and the confinement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
