TRANSPORTATION CODE
CHAPTER 286. ROAD LAWS RELATING TO SPECIFIC COUNTIES
SUBCHAPTER A. ROAD IMPROVEMENTS AND ASSESSMENTS BY GALVESTON OR
CAMERON COUNTY COMMISSIONERS COURT
§ 286.001. APPLICABILITY. This subchapter applies only
to Galveston County and Cameron County.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.002. ROAD IMPROVEMENT AND ASSESSMENT. (a) The
commissioners court of the county may improve a county road in the
county by:
(1) filling, grading, raising, paving, or repairing
the road in a permanent manner;
(2) constructing, repairing, or realigning a curb,
gutter, or sidewalk;
(3) constructing a drain or culvert; or
(4) installing a streetlight.
(b) The commissioners court by order may assess against
property abutting the portion of the county road to be improved and
against the owners of that property:
(1) all or part of the cost of:
(A) constructing, repairing, or realigning a
curb, gutter, or sidewalk; or
(B) installing a streetlight; and
(2) not more than nine-tenths of the cost of any other
improvement.
(c) The commissioners court may:
(1) determine the amount of the assessment and any
other necessary matter;
(2) provide the terms of payment and default of the
assessment;
(3) prescribe the interest rate on the assessment, not
to exceed eight percent a year;
(4) make the assessment before, during, or after the
construction of the improvement;
(5) make an assessment against several parcels of
property in one assessment when the parcels are owned by the same
person; and
(6) jointly assess property owned jointly.
(d) An assessment authorized by this section:
(1) does not mature before the county accepts the
improvements for which the assessment is made;
(2) is collectable with interest, cost of collection,
and reasonable attorney's fees, if incurred;
(3) is a personal liability and charge against the
owner of the assessed property, regardless of whether the owner is
named; and
(4) is a first and prior lien on the assessed property
and superior to any other lien or claim on the property except
county, school district, or municipal ad valorem taxes from the
date the commissioners court orders the improvement of the road
abutting the property.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995. Amended
by Acts 2001, 77th Leg., ch. 847, § 1, eff. June 14, 2001.
§ 286.003. ASSESSMENT LIMITED. (a) The commissioners
court may not make an assessment against abutting property or the
owners of the property in excess of the special benefit to the
property and its owner in enhanced value caused by an improvement
ordered under Section 286.002(a).
(b) A railroad right-of-way does not benefit from an
improvement described by Section 286.002(a), and the commissioners
court may not assess the cost of the improvement against a railroad
right-of-way.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.004. ASSESSMENT OF EXEMPT PROPERTY. (a) This
subchapter does not authorize the commissioners court to create a
lien against an interest in property that is exempt from the lien of
assessment at the time the commissioners court orders a county road
to be improved.
(b) An owner of the exempt property is personally liable for
an assessment related to the property, without regard to the
exemption from the lien.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.005. APPORTIONMENT OF COSTS. (a) The
commissioners court shall apportion the part of the cost of an
improvement assessed against abutting property among the parcels of
the abutting property and the property's owners in accordance with
the front foot rule.
(b) If, in the opinion of the commissioners court,
application of the front foot rule would result in injustice or
inequity in a particular case, the commissioners court may
apportion and assess the cost in the proportion the commissioners
court determines just and equitable to produce a substantial
equality of benefits received and burdens imposed.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.006. CHANGES IN IMPROVEMENT PROCEEDINGS;
ABANDONMENT. (a) The commissioners court may change a plan,
method, or contract relating to an improvement.
(b) The commissioners court may not make a change that
substantially affects the nature or quality of an improvement
unless the commissioners court, by a four-fifths vote, determines
that it is impractical to proceed with the improvement as proposed
and, after the vote, the commissioners court:
(1) obtains the consent of the person with whom the
commissioners court has contracted for the construction of the
improvements;
(2) obtains a new estimate of the cost of the
improvement; and
(3) holds a new hearing, with notice as required by
this subchapter.
(c) The commissioners court at any time may abandon an
improvement with the consent of a person who has contracted with the
commissioners court for the construction of the improvement.
(d) The commissioners court by order shall cancel an
assessment made for an abandoned improvement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.007. NOTICE AND OTHER PREHEARING
REQUIREMENTS. (a) A commissioners court may make an assessment
under Section 286.002 only after notice and an opportunity for a
hearing is provided in accordance with this subchapter.
(b) Notice of the hearing must be published at least three
times in a newspaper of general circulation in the county in which
the assessment is to be made. The first publication of the notice
must appear not later than the 21st day before the date of the
hearing.
(c) Notice of the hearing must be mailed with postage
prepaid to the address of the owner of the property that abuts the
county road to be improved, as determined from the current rendered
and unrendered county tax rolls. The notice must be mailed 14 days
before the date of the hearing.
(d) The mailed notice:
(1) is not required if the county tax rolls list the
owners of the property as unknown; and
(2) may be addressed to the estate if the tax rolls
show the owner of the property is an estate.
(e) To be sufficient and binding on a person who owns or
claims the property or an interest in the property, the mailed
notice must:
(1) generally describe the nature of the improvement
for which the assessment is to be made;
(2) describe the county road to be improved or the
portion of the county road to which the improvement is related;
(3) state the estimated cost per front foot proposed
to be assessed against the property or the property's owners;
(4) state the estimated total cost of the improvement;
and
(5) state the time and place of the hearing.
(f) The mailed notice may consist of a copy of the published
notice if the notice contains the information required by
Subsection (e).
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.008. HEARING. The commissioners court shall hold
a hearing at which a person who owns an interest in property that
abuts a county road that is to be improved under this subchapter may
be heard on any matter relating to the improvement or a proposed
assessment including:
(1) the amount of the assessment;
(2) the lien and liability created by the assessment;
(3) the special benefit to the property and the
property owner because of the improvement; and
(4) the accuracy, sufficiency, regularity, and
validity of a proceeding or contract related to the improvement or
assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.009. APPEAL. (a) Not later than the 15th day
after the date the commissioners court makes an assessment under
Section 286.002, a person who owns or claims an interest in the
assessed property may appeal the assessment in district court. The
person may contest:
(1) the amount of the assessment;
(2) an inaccuracy, irregularity, invalidity, or
insufficiency in a proceeding or contract related to the
improvement or assessment; or
(3) any other matter that is not in the discretion of
the commissioners court.
(b) A person who does not bring a suit within the time
provided by Subsection (a):
(1) waives the right to contest a matter that might
have been heard at the hearing; and
(2) is barred and estopped from contesting the
assessment or any matter related to the assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.010. DEFENSES TO ACTIONS FOR ASSESSMENTS. The
only defenses to an assessment in a suit to enforce the assessment
are that:
(1) the assessment exceeds the amount of the estimated
assessment stated in the notice; or
(2) notice of the hearing:
(A) was not mailed, delivered, or published as
required by Section 286.007; or
(B) did not contain the information required by
Section 286.007.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.011. WORD OR ACT OF OFFICER OR EMPLOYEE. Nothing
said or done by a county officer or employee or a member of the
commissioners court affects this subchapter.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.012. CERTIFICATE OF ASSESSMENT. (a) The
commissioners court may issue an assignable certificate that:
(1) is evidence of an assessment made under this
subchapter; and
(2) declares:
(A) the lien against the property assessed; or
(B) the liability of the true owner of the
property assessed.
(b) The commissioners court may set the terms of the
certificate.
(c) A recital in a certificate is prima facie evidence of
the matter recited and further proof of the matter is not required
if the certificate substantially states that:
(1) the proceedings referred to in the certificate
were in compliance with the law; and
(2) the prerequisites to imposing the assessment lien
against the property described in the certificate and the personal
liability of the property owner have been performed.
(d) In a suit on an assessment or reassessment in evidence
of which a certificate is issued under this subchapter, it is
sufficient to allege the substance of the recitals in the
certificate and that the recitals are true. Further allegations
with reference to a proceeding relating to an original assessment
or subsequent assessment are not necessary.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.013. VALIDITY OF ASSESSMENT. An assessment
related to the cost of an improvement that is to be constructed is
not valid unless the commissioners court:
(1) makes or causes to be made an estimate of the cost
of the improvement; and
(2) includes the estimate in a published or mailed
notice required by Section 286.007.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.014. CORRECTION OF ASSESSMENT; SUBSEQUENT
ASSESSMENT. (a) If an assessment is held or determined to be
invalid or unenforceable, the commissioners court may correct:
(1) a deficiency in a proceeding relating to the
assessment; or
(2) an error, inaccuracy, irregularity, or invalidity
relating to the assessment.
(b) The commissioners court may make and impose a subsequent
assessment after a notice and hearing that comply as nearly as
possible with the requirements for the original notice and hearing.
(c) A recital in a certificate issued as evidence of a
subsequent assessment has the same force as a recital in a
certificate related to an original assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER B. ROAD IMPROVEMENTS AND ASSESSMENTS BY LIVE OAK COUNTY
COMMISSIONERS COURT
§ 286.041. APPLICABILITY. This subchapter applies only
to Live Oak County.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.042. ASSESSMENT PROVISIONS. (a) The
commissioners court of the county may finance all or part of the
cost of improving a portion of the county road system located in a
recorded subdivision and outside the limits of a municipality by
imposing an assessment against real property that abuts the portion
of the road that is to be improved and against the owners of the
property.
(b) The commissioners court may:
(1) determine the terms of payment and default of the
assessment;
(2) determine the rate of interest of the assessment,
not to exceed 10 percent a year;
(3) make an assessment against several parcels of
property in one assessment when the parcels are owned by the same
person; and
(4) jointly assess property owned jointly.
(c) An assessment authorized by this section does not mature
before the commissioners court accepts the improvement for which
the assessment is made.
(d) An owner of an interest in property against which the
commissioners court makes an assessment under this section is
personally liable for the assessed amount. Each owner of property
owned jointly is jointly and severally liable for the assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.043. ASSESSMENT LIEN. (a) The county has a lien
on assessed property under this subchapter that takes effect on the
date the assessment is made.
(b) The lien has the same priority as a lien for county ad
valorem taxes.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.044. ASSESSMENT LIENS ON CERTAIN EXEMPT
PROPERTY. (a) The county may not assess a lien against property
that on the date the commissioners court orders the assessment is
exempt by law from execution on a judgment for debt.
(b) A property owner may waive an exemption to which the
owner is entitled and voluntarily grant an assessment lien against
the property in the same manner provided by law for granting a
mechanic's lien for a homestead improvement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.045. APPORTIONMENT OF COSTS. (a) The
commissioners court shall apportion the assessed cost of improving
a county road in accordance with the front foot rule which may vary
among the assessed properties.
(b) To produce a substantial equality of burdens imposed in
relation to benefits received, the commissioners court shall
determine an assessment under this section in a just and equitable
manner, keeping in mind the enhanced value to be gained by the
abutting property and the property's owners because of the
improvement.
(c) The commissioners court may not impose an assessment in
excess of the enhanced value derived from the improvement by the
property or the property owner.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.046. PLAN OF PROPOSED ROAD IMPROVEMENT. (a) The
commissioners court shall prepare a plan of each proposed
improvement that is to be financed by an assessment under Section
286.042.
(b) The plan must:
(1) specify the nature and location of the
improvement;
(2) include an estimate of the total cost of the
improvement;
(3) state the total amount of the costs to be financed
by the assessment; and
(4) include an estimate of the cost for each front foot
to be assessed against the property abutting the road to be
improved.
(c) The plan must specify each variation if the estimate of
the cost for each front foot is not uniform.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.047. NOTICE AND ORDER FOR HEARING. (a) After
preparing the plan required by Section 286.046, the commissioners
court by order shall set a time, date, and place for a public
hearing on the proposed improvement.
(b) The commissioners court shall publish notice of the
hearing once a week for at least three consecutive weeks in a
newspaper of general circulation in the area where the improvement
is located. The first publication of the notice must appear not
later than the 21st day before the date of the hearing.
(c) The commissioners court shall mail or personally
deliver written notice of the hearing to the owner of each parcel of
property subject to the proposed assessment. The commissioners
court shall deliver or mail the notice not later than the 14th day
before the date of the hearing. An owner is not entitled to notice
under this subsection if the owner's name or address is not shown on
the county tax roll.
(d) Notice provided under this section must contain:
(1) a general description of the proposed improvement
that is to be financed by the assessment;
(2) an estimate of the proposed assessment for each
front foot of abutting property;
(3) an estimate of the total cost of the proposed
improvement to be made on each portion of road;
(4) the location of the proposed improvement; and
(5) the date, time, and place of the hearing.
(e) If the estimate of the proposed assessment for each
front foot of abutting property is not uniform, the notice must
specify each variation and identify the affected property.
(f) Notice required by this section is in addition to notice
otherwise required by law.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.048. HEARING. (a) The commissioners court shall
hold a public hearing at which an owner of an interest in property
that abuts a proposed improvement may contest:
(1) the amount of the assessment; or
(2) the accuracy, sufficiency, or validity of a
proceeding or determination of the commissioners court related to
the improvement or assessment.
(b) After correcting a deficiency or error in its proceeding
or determinations, the commissioners court by order may make an
assessment against property that abuts the improvement.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.049. APPEAL. (a) Not later than the 15th day
after the date the commissioners court makes an assessment under
this subchapter, the owner of an interest in property against which
the assessment has been made may file suit in district court to
contest the:
(1) amount of the assessment; or
(2) accuracy or validity of a proceeding or
determination related to the assessment or improvement.
(b) A property owner may file suit under this section not
later than the 15th day after the date the property owner receives
actual notice of the results of the public hearing if the owner
shows by a preponderance of the evidence that notice of the hearing
was not:
(1) mailed or delivered to the owner in the form or
manner required by Section 286.047; or
(2) published in the form or manner required by
Section 286.047.
(c) A person who does not file suit within the time stated in
this section waives a complaint because of a determination or
proceeding of the commissioners court related to an order for an
improvement or an assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.050. ENFORCEMENT OF ASSESSMENT OR
LIABILITY. (a) A lien against assessed property and the personal
liability of the owner may be enforced by suit in district court.
An amount equal to the interest on the assessment and an amount
equal to collection expenses, including attorney's fees, are
included in the lien and may be recovered.
(b) In a suit brought to enforce an assessment, it is a
defense that:
(1) notice of the hearing was not delivered or
published in the form or manner required by Section 286.047; or
(2) the amount of the assessment exceeds the estimate
given in the notice provided under Section 286.047.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.051. CERTIFICATE OF ASSESSMENT. (a) The
commissioners court of the county may issue an assignable
certificate in the county's name that:
(1) certifies an assessment imposed under this
subchapter; and
(2) declares:
(A) the existence of a lien against the assessed
property; or
(B) the personal liability of the property owner.
(b) The commissioners court may determine the terms of the
certificate.
(c) The certificate is prima facie evidence of a recital in
the certificate that states:
(1) a proceeding ordering the improvements referred to
in the certificate was conducted in compliance with the law; and
(2) the prerequisites to creating the assessment lien
against the property described in the certificate and the personal
liability of the property owner have been met.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.052. CORRECTION OF ASSESSMENT; SUBSEQUENT
ASSESSMENT. (a) If an assessment is held invalid or
unenforceable, the commissioners court may:
(1) correct an error related to the assessment; and
(2) after a notice and hearing, impose a subsequent
assessment in the same manner provided for an original assessment.
(b) A person who owns or claims an interest in property
against which a subsequent assessment has been imposed has the same
right of appeal from the date the commissioners court orders the
subsequent assessment as an original assessment.
(c) Sections 286.049(c) and 286.050(b) relating to waiver
of appeal and limitation of defenses apply to a subsequent
assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.053. SUBSEQUENT ASSESSMENT CERTIFICATE. (a) The
commissioners court may issue a subsequent assessment certificate
that reflects each modification of the original assessment.
(b) A subsequent assessment certificate has the same
attributes and effect of an original certificate from the date the
commissioners court orders the subsequent assessment.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER C. ROADS TO PUBLIC STREAMS AND LAKES AND OTHER PUBLIC
WATER IN LEON AND MADISON COUNTIES
§ 286.061. APPLICABILITY. This subchapter applies only
to Leon County and Madison County.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.062. DEFINITIONS. In this subchapter:
(1) "Public water" includes a public stream, river,
bay, or lake.
(2) "Navigable stream" has the meaning assigned by
Section 21.001, Natural Resources Code.
(3) "Public lake" means a lake in which the state owns
the bed, or reserves for the state's residents the right of access
to the lake for fishing, boating, hunting, or other recreation.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.063. PUBLIC NECESSITY FOR ADDITIONAL ROADS;
PURPOSE. (a) A public necessity for additional roads is created
by the lack of adequate roads for general public access to a
navigable stream, public lake, or the shore of a lake.
(b) There is a public necessity for a road under this
subchapter if a bank or shore of public water is inaccessible to the
general public.
(c) The purpose of this subchapter is to establish a road to
make accessible to the general public a bank or shore of public
water that is fenced in and inaccessible.
(d) A bank or shore of public water is inaccessible to the
general public under this section if:
(1) the bank or shore extends for more than five miles
without a public road to furnish access to the bank or shore; or
(2) there is an area of five or more miles on the bank
or shore without a road to furnish public access to the bank or
shore.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.064. PUBLIC ROAD. The commissioners court may
declare to be a public road to furnish access to public water a:
(1) line between parcels of real property having
different owners;
(2) section line;
(3) survey line;
(4) survey subdivision line; or
(5) direct practicable route through an enclosure that
contains 500 or more acres of land.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.065. APPLICATION FOR PUBLIC ROAD. (a) A person
who lives within an enclosure described by Section 286.064(5), or
10 residents of the county, may file a sworn application with the
commissioners court for an order to establish a public road for
access to a bank or shore of public water in the county.
(b) The application must:
(1) state the facts that show the necessity for the
highway;
(2) designate the line or route sought to be opened;
and
(3) designate the name and residence of each person or
owner of real property to be affected by the proposed road.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.066. NOTICE OF APPLICATION. (a) On the filing of
an application under Section 286.065, the county clerk shall issue
to the sheriff or a constable a notice that commands the sheriff or
constable to summon the property owners named in the notice to:
(1) appear at the next regular term of the
commissioners court; and
(2) show cause why the line or route designated in the
application should not be declared a public road.
(b) Notice under this section:
(1) must contain the substance of the application
filed under Section 286.065; and
(2) shall be served and returned in the same manner and
for the same length of time as provided for the service of citation
in a civil action in justice court.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.067. OPENING OF ROAD TO PUBLIC WATER. (a) The
commissioners court by order shall declare each line designated in
the application or designated by the commissioners court to be a
public road if the commissioners court determines, at a regular
term of court and after service of notice required by Section
286.066, that:
(1) this subchapter applies to the proposed road; and
(2) the proposed road is of public importance.
(b) The order must direct the owner of each designated line
to open the road and leave the road open for a space of 15 feet on
each side of the line. A marked tree or other object used to
designate a line and the corners of a survey may not be removed or
defaced.
(c) Notice of the order must be served on the owner of the
line immediately. Service and return of the notice shall be made as
provided by Section 286.066.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.068. ROADWORK. The commissioners court is not
required to keep a road declared to be a public road under this
subchapter worked by road hands.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.069. DAMAGES AND COSTS. (a) A jury of
freeholders shall assess any damage to a property owner under this
subchapter in the manner provided for other public roads.
(b) The county shall pay all costs of a proceeding to open a
public road if the commissioners court of the county grants the
application.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
§ 286.070. OPENING ROAD PARALLEL TO NAVIGABLE
STREAM. (a) On the filing of an application in accordance with
Sections 286.064 through 286.069, the commissioners court may issue
an order that opens, in accordance with this subchapter, a public
road that runs parallel and adjacent to the bank of a navigable
stream for public access to the navigable stream and for camping
purposes.
(b) The public road must be 60 feet wide and may extend any
distance the commissioners court considers necessary.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
SUBCHAPTER D. OPTIONAL COUNTY ROAD SYSTEM IN GREGG COUNTY
§ 286.081. ELECTION FOR COUNTY ROAD SYSTEM. (a) The
commissioners court of Gregg County shall order an election on the
question of the adoption of the optional county road system under
Subchapter D, Chapter 252, if the commissioners court receives a
petition signed by a number of registered voters residing in each
commissioner precinct equal to at least 10 percent of the number of
votes cast in the precinct for governor in the most recent general
election at which that office was filled.
(b) The election shall be held on the first authorized
uniform election date prescribed by Section 41.001, Election Code,
that occurs at least 31 days after the date on which the petition is
filed with the commissioners court.
(c) The ballot for the election shall be printed to permit
voting for or against the proposition: "Adopting the Optional
County Road System in Gregg County."
(d) If the majority of the votes cast in the election favor
adoption, the optional county road system takes effect and Chapter
339, Acts of the 54th Legislature, Regular Session, 1955, has no
effect.
(e) If a majority of the votes cast in the election do not
favor adoption:
(1) Chapter 339, Acts of the 54th Legislature, Regular
Session, 1955, remains in effect; and
(2) another election on the question of adopting the
optional county road system may not be held before the first
anniversary of the most recent election on the proposition.
Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.
