CHAPTER 251. GENERAL COUNTY AUTHORITY RELATING TO ROADS AND BRIDGES

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-251-general-county-authority-relating-to-roads-and-bridges

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE C. COUNTY ROADS AND BRIDGES

CHAPTER 251. GENERAL COUNTY AUTHORITY RELATING TO ROADS AND

BRIDGES

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 251.001. DEFINITIONS. In this chapter as applied to a

public road:

(1) "Abandon" means to relinquish the public's right of way in

and use of the road.

(2) "Discontinue" means to discontinue the maintenance of the

road.

(3) "Vacate" means to terminate the existence of the road by

direct action of the commissioners court of a county.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.002. PUBLIC ROADS. A public road or highway that has

been laid out and established according to law and that has not

been discontinued is a public road.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.003. CONSTRUCTION AND MAINTENANCE OF PUBLIC ROADS. (a)

The commissioners court of a county may:

(1) make and enforce all necessary rules and orders for the

construction and maintenance of public roads;

(2) hire the labor and purchase the machinery and equipment

needed to construct and maintain public roads; and

(3) use any necessary material most convenient to build, repair,

or maintain public roads, regardless of the location or extent of

the material.

(b) The court may enter any necessary order for the use of

inmates of the county jails to work on the county roads or to

build bridges.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.004. COMMISSIONERS AS ROAD SUPERVISORS. (a) The

county commissioners are the supervisors of the public roads in a

county unless the county adopts an optional system of

administering the county roads under Chapter 252.

(b) A county commissioner serving as a road supervisor shall

supervise the public roads in the commissioner's precinct at

least once each month.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 621, Sec. 1, eff. June 11,

1997; Acts 1997, 75th Leg., ch. 917, Sec. 1, eff. Sept. 1, 1997.

Sec. 251.006. OBTAINING MATERIAL FOR PUBLIC ROADS. (a) The

commissioners court of a county may condemn material necessary to

construct, repair, or maintain public roads if the owner of the

material rejects the price that the court determines to be a fair

price.

(b) The commissioners court shall appoint commissioners to

condemn the material. A condemnation commissioner is entitled to

a fee of $2 for each day of service. The fee shall be paid on

order of the commissioners court from the same fund from which

payment for the materials is made.

fair and reasonable value for the material according to the

current method for pricing or valuing the material. The

compensation awarded by the condemnation commissioners for the

material shall be paid to the owner of the material or deposited

with the county treasurer to the owner's credit. When the payment

or deposit is made, the county has the right to enter on and use

the material.

(d) If the owner of the material or the county is not satisfied

with the compensation awarded, the owner or county may appeal the

award in the manner provided for appeal of a condemnation case.

(e) Payment for material needed for the general system of county

roads shall be made from the county road and bridge fund or from

the proceeds of any county bond issue. Payment for material to be

used for the benefit of a defined district or political

subdivision of the county shall be made from the district or

subdivision's funds derived from the sale of bonds or the

collection of special taxes.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.007. CLASSIFICATION OF COUNTY ROADS. (a) The

commissioners court of each county shall classify each public

road in the county as a first-class, second-class, or third-class

road.

(b) A county may not reduce a first-class or second-class road

to a lower class.

more than 100 feet wide. The causeway on a first-class road must

be at least 16 feet wide.

(d) A second-class road and a causeway on a second-class road

must meet the requirements applicable to a first-class road.

(e) A third-class road must meet the requirements applicable to

a first-class road, except that:

(1) a third-class road may be less than 40 but not less than 20

feet wide; and

(2) the causeway on a third-class road may be less than 16 but

not less than 12 feet wide.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.008. GENERAL REQUIREMENTS FOR COUNTY ROADS. A public

road of any class must:

(1) be clear of all obstructions;

(2) have all stumps over six inches in diameter cut down to not

more than six inches of the surface and rounded off; and

(3) have all stumps of six inches or less in diameter cut smooth

with the ground.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.009. CONSTRUCTION OF CATTLE GUARDS ON COUNTY ROADS;

OFFENSE. (a) The commissioners court of a county may authorize

the construction of cattle guards on a county road of any class.

A cattle guard authorized under this section is not an

obstruction of the road.

(b) The commissioners court shall establish plans and

specifications for a standard cattle guard to be used on the

county roads. The plans and specifications must be plainly

written and supplemented by drawings as necessary and must be

available for inspection by the residents of the county.

does not conform to the plans and specifications established

under Subsection (b) commits an offense. An offense under this

subsection is a misdemeanor punishable by a fine of not less than

$5 or more than $100.

(d) The commissioners court may construct a cattle guard on a

county road of any class and may pay for its construction from

the county road and bridge fund if the court finds that the

construction of the cattle guard is in the best interest of the

residents of the county.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2003, 78th Leg., ch. 128, Sec. 2, eff. May 27,

2003.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

339, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

339, Sec. 2, eff. September 1, 2007.

Sec. 251.0095. REPLACEMENT AND REPAIR OF EXISTING CATTLE GUARDS

ON COUNTY ROADS. (a) The commissioners court of a county may

authorize the replacement or repair of an existing cattle guard

on a county road of any class.

(b) The commissioners court may replace or repair a cattle guard

on a county road of any class and may pay for its replacement or

repair from the county road and bridge fund if the court finds

that the replacement or repair of the cattle guard is in the best

interest of the residents of the county.

Added by Acts 2003, 78th Leg., ch. 128, Sec. 1, eff. May 27,

2003.

Sec. 251.0096. REMOVAL OF CATTLE GUARDS FROM COUNTY ROADS. (a)

The commissioners court of a county may remove a cattle guard

from a county road of any class if the commissioners court

notifies each person who owns land adjacent to the cattle guard

by certified mail not less than 90 days before the proposed

removal of the cattle guard.

(b) The commissioners court is not required to hold a public

hearing on a proposed cattle guard removal. If a resident of the

county requests a public hearing, the commissioners court shall

hold a public hearing on the removal of the cattle guard. To be

valid, a request for a public hearing must be in writing and be

made before the 75th day after the date the notice required by

Subsection (a) is mailed.

Added by Acts 2009, 81st Leg., R.S., Ch.

216, Sec. 1, eff. September 1, 2009.

Sec. 251.010. GATES ON THIRD-CLASS AND NEIGHBORHOOD ROADS;

OFFENSES. (a) A person, including a neighborhood association,

who owns or controls real property on which a third-class road or

a neighborhood road established under Section 251.053 is located

for which the right-of-way was obtained without cost to the

county may erect a gate across the road when necessary. The

person shall place a permanent hitching post and stile block on

each side of the gate within 60 feet of the gate. The gate must

be:

(1) at least 10 feet wide;

(2) free of obstructions above the gate;

(3) constructed so that opening and shutting the gate will not

cause unnecessary delay to persons, including emergency

personnel, using the road; and

(4) constructed with a fastening to hold the gate open until a

person using the gate passes through it.

(b) The property owner shall keep the gate and the approaches to

the gate in good order.

Subsection (a) and who wilfully or negligently fails to comply

with a requirement of this section commits an offense. An offense

under this subsection is a misdemeanor punishable by a fine of

not less than $5 or more than $20. Each week that the person

fails to comply with this section constitutes a separate offense.

(d) A person who wilfully or negligently leaves open a gate on a

road specified by Subsection (a) commits an offense. An offense

under this subsection is a misdemeanor punishable by a fine of

not less than $5 or more than $20.

(e) A person may not erect a gate under this section unless the

gate is approved by the commissioners court of the county.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1123, Sec. 1, eff. Sept. 1,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

1032, Sec. 1, eff. September 1, 2007.

Sec. 251.011. DETOUR ROADS. (a) The commissioners court of a

county shall establish detour roads for the convenience of the

public when a county road that is not part of the state highway

system must be closed to traffic for road construction. When a

county detour road is in use, the county has the same authority

over the road as over an established public road.

(b) The commissioners court shall:

(1) post all signs necessary for the convenience and guidance of

the public at each end of a county detour road; and

(2) maintain a county detour road so that it is reasonably

adequate for normal traffic requirements.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.012. COUNTY AUTHORITY IN MUNICIPALITY. (a) With the

approval of the governing body of a municipality, the

commissioners court of a county may spend county money to finance

the construction, improvement, maintenance, or repair of a street

or alley in the county that is located in the municipality,

including the provision of:

(1) necessary roadbed preparation or material;

(2) paving or other hard covering of the street or alley;

(3) curbs, gutters, bridges, or drainage facilities; or

(4) any construction, improvement, maintenance, or repair

allowed under Section 791.032, Government Code, if the

commissioners court finds that the county will receive benefits

as a result of the work on the street or alley.

(b) County work authorized by this section may be done or

financed:

(1) by the county through the use of county equipment;

(2) by an independent contractor with whom the county has

contracted;

(3) by the county as an independent contractor with the

municipality; or

(4) by the municipality, with the municipality to be reimbursed

by the county.

practicable, the same powers and duties relating to imposing

assessments for the construction, improvement, maintenance, or

repair as the municipality would have if the municipality were to

finance and undertake that activity.

(d) A county acting under Subsection (b) may not spend bond

proceeds for the construction of a new road in a municipality

unless the construction is specifically authorized in the

election approving the issuance of the bonds, regardless of the

source of the money used to acquire the equipment used to

construct the road.

(e) The authority granted by this section is in addition to the

authority of a county provided by a local road law.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 671, Sec. 2, eff. Sept. 1,

1999.

Sec. 251.013. ROAD NAMES AND ADDRESS NUMBERS. (a) The

commissioners court of a county by order may adopt uniform

standards for naming public roads located wholly or partly in

unincorporated areas of the county and for assigning address

numbers to property located in unincorporated areas of the

county. The standards apply to any new public road that is

established.

(b) The commissioners court of a county by order may adopt a

name for a public road located wholly or partly in an

unincorporated area of the county and may assign address numbers

to property located in an unincorporated area of the county for

which there is no established address system.

(b-1) The commissioners court of a county by order may:

(1) adopt standards and specifications for the design and

installation of address number signs to identify properties

located in unincorporated areas of the county, including

standards or specifications as to sign size, material, longevity,

ability to be seen and to reflect light, and any other factor the

commissioners court considers necessary or appropriate; and

(2) require the owners or occupants of properties in

unincorporated areas of the county to:

(A) obtain address number signs that comply with the standards

and specifications adopted under Subdivision (1); and

(B) install and maintain those signs at the locations and in the

manner required by those standards and specifications.

municipal ordinance, the municipal ordinance prevails in the

territory in which it is effective.

(d) A commissioners court may adopt an order under this section

only after conducting a public hearing on the proposed order. The

court shall give public notice of the hearing at least two weeks

before the date of the hearing.

(e) A person who knowingly fails or refuses to comply with an

order of a commissioners court under Subsection (b-1)(2) commits

an offense. An offense under this subsection is a Class C

misdemeanor.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

688, Sec. 1, eff. June 19, 2009.

Sec. 251.014. COUNTY IMPROVEMENT OF STATE HIGHWAY. (a) The

commissioners court of a county may enter into an agreement with

the commission for the county to carry out a project or activity

for the improvement of a segment of the state highway system.

(b) In this section, "improvement" means construction,

reconstruction, maintenance, and the making of a necessary plan

or survey before beginning construction, reconstruction, or

maintenance and includes a project or activity appurtenant to a

state highway, including surveying, making a traffic count, or

landscaping or an activity relating to a drainage facility,

driveway, sign, light, or guardrail.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.27, eff. Sept.

1, 1997.

Sec. 251.015. ASSISTING OTHER GOVERNMENTAL ENTITY. The

commissioners court of a county may use county road equipment,

construction equipment, including trucks, and employees necessary

to operate the equipment to assist another governmental entity on

a project if:

(1) the cost does not exceed $15,000;

(2) the use of the equipment or employees does not interfere

with the county's work schedule; and

(3) the county pays only the costs that the county would pay if

the county did not assist the governmental entity.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 1058, Sec. 1, eff. June 18,

1999.

Sec. 251.016. GENERAL COUNTY AUTHORITY OVER ROADS, HIGHWAYS, AND

BRIDGES. The commissioners court of a county may exercise

general control over all roads, highways, and bridges in the

county.

Added by Acts 1999, 76th Leg., ch. 62, Sec. 13.11(b), eff. Sept.

1, 1999.

Sec. 251.0165. CONTROL OF ACCESS WITHIN CERTAIN COUNTIES. (a)

Except as limited by Section 203.032, a county with a population

of 3.3 million or more or a county adjacent to a county with a

population of 3.3 million or more, by resolution or order, may:

(1) deny access to or from a controlled access highway within

the county and outside the limits of a municipality, including a

state highway, from or to adjoining public or private real

property and from or to a public or private way intersecting the

highway, except at specific locations designated by the county;

and

(2) designate locations on a controlled access highway within

the county and outside the limits of a municipality, including a

state highway, at which access to or from the highway is

permitted and determine the type and extent of access permitted

at each location.

(b) This section does not apply to the placement of or access to

a utility facility in or near a highway right-of-way.

Added by Acts 2007, 80th Leg., R.S., Ch.

1400, Sec. 1, eff. June 15, 2007.

Sec. 251.017. COUNTY AUTHORITY TO SET FEE. The commissioners

court of a county may set a reasonable fee for the county's

issuance of a permit authorized by this chapter for which a fee

is not specifically prescribed. The fee must be set and itemized

in the county's budget as part of the budget preparation process.

Added by Acts 2001, 77th Leg., ch. 951, Sec. 1, eff. Sept. 1,

2001.

SUBCHAPTER B. ESTABLISHING AND CLOSING ROADS

Sec. 251.051. GENERAL AUTHORITY OF COMMISSIONERS COURT. (a)

The commissioners court of a county shall:

(1) order that public roads be laid out, opened, discontinued,

closed, abandoned, vacated, or altered; and

(2) assume control of streets and alleys in a municipality that

does not have an active de facto municipal government.

(b) A unanimous vote of the commissioners court is required to:

(1) close, abandon, or vacate a public road; or

(2) alter a public road, except to shorten it from end to end.

public road until a new road designated by the court as a

replacement is ready to replace it.

(d) The commissioners court may not discontinue, close, or

abandon an entire first-class or second-class road unless the

road has been vacated or unused for at least three years.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.052. PUBLIC APPLICATION FOR NEW ROAD OR ROAD CHANGE.

(a) The residents of a precinct may apply for a new road or a

change in an existing road by presenting to the commissioners

court a petition signed by:

(1) eight property owners in the precinct, if the application is

to request a new road or that a road be discontinued; or

(2) one property owner in the precinct, if the application is

for a change in a road other than discontinuing the road.

(b) A petition presented under Subsection (a)(1) must specify

the beginning and termination points of the proposed new road or

road to be discontinued.

application made under this section unless the applicants give

notice of their intent to apply by posting, at the courthouse

door and at two other places in the vicinity of the affected

route, a written notice of their intent for at least 20 days

before the date the application is made.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.055. EXTENDING FARM-TO-MARKET ROAD IN ADJOINING COUNTY.

A county that determines that it would significantly benefit

from the extension of a farm-to-market road in an adjoining

county may contract with the adjoining county for the extension

and agree to pay all or part of the cost that the adjoining

county necessarily incurs in extending the road.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.056. ROADS ACROSS PUBLIC REAL PROPERTY. (a) A public

road may not be opened across real property owned and used or

intended for use for public purposes by a state institution and

not subject to sale under the general law of this state without

the consent of the governing body of the institution and the

approval of the governor.

(b) The authority in charge of real property described by

Subsection (a) may close a road opened on that real property

before September 1, 1925, if the authority considers it necessary

to protect the interests of the state. An institution that closes

a road under this subsection shall compensate the county in which

the real property is located in an amount equal to the amount

paid by the county to condemn the real property, as shown by the

records of the commissioners court, together with eight percent

interest.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.057. ABANDONMENT OF COUNTY ROAD. (a) A county road is

abandoned when its use has become so infrequent that one or more

adjoining property owners have enclosed the road with a fence

continuously for at least 20 years. The abandoned road may be

reestablished as a public road only in the manner provided for

establishing a new road.

(b) This section does not apply to:

(1) a road to a cemetery; or

(2) an access road that is reasonably necessary to reach

adjoining real property.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 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. The order shall:

(1) include the name of each property owner who receives a

conveyance under this section;

(2) include the dimensions of the property being conveyed to

each property owner; and

(3) be indexed in the deed records of the county in a manner

that describes:

(A) the county conveying the property as grantor; and

(B) the property owner receiving the conveyance as grantee.

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, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2009, 81st Leg., R.S., Ch.

233, Sec. 1, eff. September 1, 2009.

Sec. 251.059. MAINTAINING ESTABLISHED COUNTY ROADS. (a) When

the commissioners court of a county has established a county road

and (i) the laying out of the road has been established by a jury

of view, (ii) the county road has been in continuous use for more

than 30 years, and (iii) public funds have been expended for the

upkeep and maintenance of the road for at least 10 of the last 20

years, the commissioners court of a county may declare that the

road shall continue to be used as a public road.

(b) When the commissioners court of a county determines after

declaring such road a public road that it is in more than one

county, the commissioners courts of the counties in which the

road is located may allocate by mutual agreement the costs of

maintenance of the road upon a finding by the commissioners

courts of the counties that the continued maintenance of the road

as a public road would be of benefit to the counties.

enacted by the commissioners court of a county in establishing

such county roads and orders authorizing the expenditure of

public funds for the construction and maintenance of public roads

were enacted for a public purpose and all such orders are

validated in all respects.

Added by Acts 1997, 75th Leg., ch. 621, Sec. 2, eff. June 11,

1997.

SUBCHAPTER C. COUNTY BRIDGES

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. ACQUISITION OF RIGHT-OF-WAY FOR COUNTY ROADS

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. COUNTY TRAFFIC REGULATIONS

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 1227, Sec. 1, eff. Sept. 1,

2001.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 2001, 77th Leg., ch. 1080, Sec. 1, eff. Sept. 1,

2001.

Sec. 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.

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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 251.159. DELEGATION OF COMMISSIONERS' AUTHORITY. (a) This

section applies only to a county with a population of more than

78,000.

(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.

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, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1999, 76th Leg., ch. 885, Sec. 1, eff. June 18,

1999.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

780, Sec. 1, eff. September 1, 2007.

Sec. 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, Sec. 1, eff. Sept. 1, 1995.

Sec. 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) An offense under this section is punishable by a fine not to

exceed $200.

also constitutes an offense under any other law, the actor may be

prosecuted under this section or the other law.

(d) Repealed by Acts 2007, 80th Leg., R.S., Ch. 806, Sec. 2,

eff. September 1, 2007.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by:

Acts 2007, 80th Leg., R.S., Ch.

806, Sec. 1, eff. September 1, 2007.

Acts 2007, 80th Leg., R.S., Ch.

806, Sec. 2, eff. September 1, 2007.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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