CHAPTER 252. SYSTEMS OF COUNTY ROAD ADMINISTRATION

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TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE C. COUNTY ROADS AND BRIDGES

CHAPTER 252. SYSTEMS OF COUNTY ROAD ADMINISTRATION

SUBCHAPTER A. EX OFFICIO ROAD COMMISSIONER SYSTEM

Sec. 252.001. ADOPTION OF EX OFFICIO ROAD COMMISSIONER SYSTEM.

(a) The commissioners court of a county may adopt this

subchapter by an order made at a regular term of the court when

all the members are present.

(b) The commissioners court shall enter the order in its

minutes. The order is not required to be in any particular form,

and substantial compliance with this section is sufficient.

Subchapters B, C, and D do not apply to the county.

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

Sec. 252.002. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW. If this

subchapter conflicts with a general law relating to roads, this

subchapter controls.

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

Sec. 252.003. EX OFFICIO ROAD COMMISSIONERS. A county

commissioner is the ex officio road commissioner of the county

commissioner's precinct.

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

Sec. 252.004. BOND. (a) Before assuming the duties of an ex

officio road commissioner, a county commissioner must execute a

bond in the amount of $3,000 payable to the county judge for the

use and benefit of the county road and bridge fund. The bond must

be conditioned that the member will:

(1) perform the duties required of the ex officio road

commissioner by law or by the commissioners court; and

(2) account for the money or other property belonging to the

county that comes into the commissioner's possession.

(b) To be effective, the bond must be approved by the county

judge.

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

Sec. 252.005. POWERS AND DUTIES OF COMMISSIONERS COURT. (a)

The commissioners court shall adopt a system for laying out,

working on, draining, and repairing the public roads.

(b) The commissioners court may purchase vehicles, tools, and

machinery necessary for working on public roads and may

construct, grade, or otherwise improve a road or bridge by

contract in the manner provided by Section 252.213.

punishment as necessary to require inmates of county jails to

work well on public roads and may provide a reward not to exceed

$10 to be paid out of the county road and bridge fund for the

recapture and delivery of an escaped inmate to be paid to any

person other than the person in charge of the inmate at the time

of the escape.

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

Sec. 252.006. POWERS AND DUTIES OF EX OFFICIO ROAD

COMMISSIONERS. (a) Under the direction of the commissioners

court, an ex officio road commissioner is responsible for the

vehicles, tools, and machinery belonging to the county and placed

in the commissioner's control by the court.

(b) Under rules adopted by the commissioners court, an ex

officio road commissioner shall direct the:

(1) laying out of new roads;

(2) construction or changing of roads; and

(3) building of bridges.

officio road commissioner may employ persons for positions in the

commissioner's precinct to be paid from the county road and

bridge fund.

(d) An ex officio road commissioner may discharge any county

employee working in the commissioner's precinct who is paid from

the county road and bridge fund.

(e) An ex officio road commissioner has the duties of a

supervisor of public roads as provided by Sections 251.004 and

251.005.

(f) An ex officio road commissioner shall:

(1) determine the condition of the public roads in the

commissioner's precinct;

(2) determine the character of work to be done on the roads; and

(3) direct the manner of grading, draining, or otherwise

improving the roads.

(g) A road overseer shall follow a direction given under

Subsection (f)(3).

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

SUBCHAPTER B. ROAD COMMISSIONER SYSTEM

Sec. 252.101. SUBCHAPTER NOT APPLICABLE TO CERTAIN COUNTIES.

(a) This subchapter does not apply to Angelina, Aransas, Blanco,

Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas, Delta,

DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg,

Harris, Harrison, Henderson, Hill, Hopkins, Houston, Jack,

Jackson, Jasper, Lamar, Lavaca, Limestone, McLennan, Milam,

Montgomery, Morris, Nacogdoches, Newton, Parker, Rains, Red

River, Refugio, Sabine, San Augustine, Shelby, Smith, Tarrant,

Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria,

Washington, or Wood County.

(b) Notwithstanding Subsection (a), the commissioners court of

Collin, Dallas, or Van Zandt County may adopt this subchapter

instead of the special law for that county if the court

determines that this subchapter is better suited to that county

than the special law.

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

Amended by Acts 1997, 75th Leg., ch. 917, Sec. 2, eff. Sept. 1,

1997; Acts 1997, 75th Leg., ch. 1431, Sec. 2, eff. Sept. 1, 1997.

Sec. 252.102. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW. If this

subchapter conflicts with a general law relating to roads and

bridges, this subchapter controls.

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

Sec. 252.103. ROAD COMMISSIONERS. (a) A commissioners court

may employ not more than four road commissioners.

(b) A road commissioner must be a resident of the district for

which the road commissioner is employed.

commissioner, the court shall determine the district each road

commissioner controls.

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

Sec. 252.104. BOND OF ROAD COMMISSIONER. (a) Before assuming

the duties of a road commissioner, a road commissioner must

execute a bond with one or more good and sufficient sureties

payable to the county judge in the amount of $1,000, conditioned

on the faithful performance of the road commissioner's duties.

(b) To be effective, the bond must be approved by the county

judge.

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

Sec. 252.105. POWERS AND DUTIES OF ROAD COMMISSIONER. (a) A

road commissioner controls the overseers, laborers, tools,

machinery, and vehicles to be used on the roads in the road

commissioner's district and may require overseers to deploy

laborers that the road commissioner designates to open, work on,

or repair roads or to build or repair bridges or culverts in the

district.

(b) A road commissioner shall:

(1) ensure that the roads and bridges in the district are kept

in good repair;

(2) under the control of the commissioners court, establish a

system of grading and draining public roads in the district and

ensure that the system is carried out by the overseers and

laborers under the road commissioner's control;

(3) under the direction of the commissioners court, spend the

money entrusted to the road commissioner by the court in the most

economical and advantageous manner on the public roads, bridges,

and culverts of the district; and

(4) put the inmates and other laborers furnished by the

commissioners court to work.

and is liable for the loss or destruction of the machinery,

tools, or vehicles placed under the road commissioner's control

unless the road commissioner was not at fault. When discharged,

the road commissioner shall deliver those items to the person

designated by the commissioners court.

(d) Inmates may not be required to work when there is available,

after building and repairing bridges, a sufficient road fund to

provide for the necessary work on the roads.

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

Sec. 252.106. SUPERVISION OF ROAD COMMISSIONER BY COMMISSIONERS

COURT. (a) A road commissioner shall obey the orders of the

commissioners court.

(b) A road commissioner's acts are subject to the control,

supervision, orders, and approval of the commissioners court.

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

Sec. 252.107. REPORT OF ROAD COMMISSIONER. (a) At each regular

term of the commissioners court, a road commissioner shall give a

report under oath to the court that:

(1) includes an itemized account of the money the road

commissioner has received to be spent on roads and bridges and

the use made of the money;

(2) describes the condition of the roads, bridges, and culverts

in the road commissioner's district; and

(3) includes any other information the court requires.

(b) The road commissioner shall make other reports at any time

the commissioners court requires.

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

Sec. 252.108. USE OF COUNTY ROAD AND BRIDGE FUND. (a) In a

county that employs road commissioners under this subchapter, the

commissioners court shall ensure that the county road and bridge

fund is judiciously and equitably spent on the roads and bridges

in the county. As nearly as the condition and necessity of the

roads permit, the fund shall be spent in each county

commissioner's precinct in proportion to the amount of money in

the fund collected in the precinct.

(b) In a county that employs road commissioners under this

subchapter, money used in building permanent roads must first be

used on:

(1) first-class or second-class roads; and

(2) roads for which the right-of-way has been furnished free of

cost to make as straight a road as is practicable and for which

the residents have offered the greatest amount of labor, money,

or other property.

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

Sec. 252.109. DONATIONS. A commissioners court or the road

commissioners may accept donations of labor, money, or other

property to aid in building or maintaining roads in the county.

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

Sec. 252.110. LIABILITY FOR PROPERTY DAMAGE OR MISPLACEMENT. A

person who knowingly or wilfully damages or misplaces a bridge,

culvert, drain, sewer, ditch, sign, milepost, or similar thing

placed on a road to benefit the road is liable to the county and

any injured person for damages caused by the person's conduct.

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

Sec. 252.111. DRAINAGE ALONG PUBLIC ROAD. (a) A commissioners

court or road commissioner may authorize a person to make a drain

along a public road to drain the person's property.

(b) The person must make the drain under the direction of the

commissioners court, road commissioner, or a person designated by

the commissioners court.

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

SUBCHAPTER C. ROAD SUPERINTENDENT SYSTEM

Sec. 252.201. SUBCHAPTER NOT APPLICABLE TO CERTAIN COUNTIES.

(a) This subchapter does not apply to Angelina, Aransas, Blanco,

Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas, Delta,

DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg,

Harris, Harrison, Henderson, Hill, Hopkins, Houston, Jack,

Jackson, Jasper, Lamar, Lavaca, Limestone, McLennan, Milam,

Montgomery, Morris, Nacogdoches, Newton, Parker, Rains, Red

River, Refugio, Sabine, San Augustine, Shelby, Smith, Tarrant,

Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria,

Washington, or Wood County.

(b) Notwithstanding Subsection (a), the commissioners court of

Collin or Dallas County may adopt this subchapter instead of the

special law for that county if the court determines that this

subchapter is better suited to that county than the special law.

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

Amended by Acts 1997, 75th Leg., ch. 1431, Sec. 3, eff. Sept. 1,

1997.

Sec. 252.202. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW. If this

subchapter conflicts with a general law relating to roads and

bridges, this subchapter controls.

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

Sec. 252.203. ADOPTION OF SUBCHAPTER AND APPOINTMENT OF ROAD

SUPERINTENDENTS. (a) The commissioners court of a county may

adopt this subchapter by appointing a road superintendent for the

county or one superintendent in each county commissioner's

precinct by an order made at a regular term of the court.

(b) The commissioners court shall enter the order in its

minutes. The order is not required to be in any particular form,

and substantial compliance with this section is sufficient.

county or precinct for which the road superintendent is

appointed.

(d) A road superintendent holds office for two years unless

removed by the commissioners court for good cause.

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

Sec. 252.204. OATH AND BOND OF ROAD SUPERINTENDENT. (a) Not

later than the 20th day after the date of appointment, a road

superintendent must:

(1) take and subscribe to the oath required by the constitution;

and

(2) give a bond payable to the county judge in an amount fixed

by the commissioners court, conditioned that the road

superintendent will:

(A) faithfully perform the duties required of the road

superintendent by law or the commissioners court; and

(B) disburse money under the road superintendent's control as

the law provides or the commissioners court directs.

(b) To be effective, the bond must be approved by the county

judge.

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

Sec. 252.205. POWERS AND DUTIES OF ROAD SUPERINTENDENT. (a)

Subject to the orders of the commissioners court, a road

superintendent has general supervision over the public roads in

the road superintendent's county or precinct and the county

inmates working on the roads.

(b) A road superintendent shall:

(1) perform the duties of supervisor imposed on the county

commissioners in counties not adopting this subchapter;

(2) direct the laying out, constructing, changing, and repairing

of roads and the building of bridges in the road superintendent's

county or precinct, except where otherwise contracted;

(3) take charge of and be responsible for the safekeeping of the

tools, machinery, and vehicles placed under the road

superintendent's control by the commissioners court, execute a

receipt for an item described by this subdivision, and file the

receipt with the county clerk;

(4) ensure that the roads and bridges in the road

superintendent's county or precinct are kept in good repair;

(5) under the direction of the commissioners court, establish

and carry out a system of working on, grading, and draining the

public roads in the road superintendent's county or precinct;

(6) employ a sufficient force to enable the road superintendent

to do the necessary work in the road superintendent's county or

precinct, giving due regard to the condition of the county road

and bridge fund and the work to be done;

(7) buy or hire tools, machinery, and vehicles as directed by

the commissioners court;

(8) work on the roads in the manner directed by the

commissioners court;

(9) perform any other service required by the commissioners

court; and

(10) on leaving office, deliver all money and other property to

the person the commissioners court directs.

employ a person to supervise the inmates and direct the work to

be done by them.

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

Sec. 252.206. LIABILITY OF ROAD SUPERINTENDENT. A road

superintendent is liable for:

(1) the loss, injury, or destruction of machinery or a tool or

vehicle placed under the road superintendent's control by the

commissioners court unless the road superintendent was not at

fault; and

(2) the improper expenditure of any money for roads entrusted to

the road superintendent.

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

Sec. 252.207. REPORT OF ROAD SUPERINTENDENT. (a) A road

superintendent shall make a sworn report to the commissioners

court at each regular term of the court showing:

(1) an itemized account of the money the road superintendent has

received belonging to the road fund;

(2) the person from whom the money was received;

(3) the use the road superintendent has made of the money;

(4) the condition of the roads and bridges in the county or

precinct; and

(5) any other matter on which the court requires information.

(b) A road superintendent shall make other reports as required

by the commissioners court.

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

Sec. 252.208. SUPERVISION OF ROAD SUPERINTENDENT BY

COMMISSIONERS COURT. Work performed under a road superintendent

is subject to the general supervision of the commissioners court.

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

Sec. 252.209. CONTRACTS BY ROAD SUPERINTENDENT; PAYMENT. (a) A

road superintendent shall make the best contract possible for

labor or machinery and in payment for the labor or machinery

shall issue to the person entitled to payment a certificate

showing the amount due and the purpose for which the certificate

was given.

(b) The certificate shall be dated, numbered, and signed by the

road superintendent.

superintendent's official bond are liable for the damages caused

by:

(1) the wrongful issuance of a certificate; or

(2) an extravagance in the amount of a certificate.

(d) On approval by the commissioners court, a warrant shall be

issued to the person entitled to payment to be paid by the county

treasurer out of the proper fund in the same manner as other

warrants.

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

Sec. 252.210. DIVISION OF COUNTY OR PRECINCT INTO ROAD

DISTRICTS. (a) If the commissioners court directs, a road

superintendent shall:

(1) divide the road superintendent's county or precinct into

road districts of convenient size;

(2) define the boundaries of the districts; and

(3) designate the districts by number.

(b) To be effective, the districts must be approved by the

commissioners court.

(d) The road superintendent shall:

(1) determine the names of the persons subject to road duty in

each district;

(2) keep a record of the names of the persons; and

(3) report the record to the commissioners court.

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

Sec. 252.211. SALARY OF ROAD SUPERINTENDENT. (a) A road

superintendent's salary shall be paid at stated intervals on the

order of the commissioners court.

(b) The commissioners court may suspend the salary of a road

superintendent whose services are no longer needed.

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

Sec. 252.212. POWERS OF COMMISSIONERS COURT. In a county that

appoints one or more road superintendents, the commissioners

court may:

(1) purchase or hire the road machinery, tools, vehicles, and

labor required to grade, drain, or repair the roads of the

county;

(2) use labor and spend money on the roads; and

(3) adopt and enforce reasonable and necessary orders and rules

for laying out, working on, and improving the public roads.

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

Sec. 252.213. CONTRACTS BY COMMISSIONERS COURT; PAYMENT. (a)

In a county that appoints one or more road superintendents, the

commissioners court by contract may construct, grade, gravel, or

otherwise improve a road or bridge.

(b) At the time the contract is made, the commissioners court

shall direct the county treasurer to:

(1) transfer the amount of money stipulated in the contract to a

particular fund; and

(2) keep a separate account of the money.

and may be paid only on the order of the commissioners court.

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

Sec. 252.214. DONATIONS. A commissioners court may accept

donations of labor, money, or other property to aid in building

or maintaining roads in the county.

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

Sec. 252.215. LIABILITY FOR PROPERTY DAMAGE OR MISPLACEMENT. A

person who knowingly or wilfully damages or misplaces a bridge,

culvert, drain, sewer, ditch, sign, milepost, or similar thing

placed on a road to benefit the road is liable to the county and

any injured person for damages caused by the person's conduct.

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

Sec. 252.216. DRAINAGE ALONG PUBLIC ROAD. (a) A commissioners

court or, with the approval of the commissioners court, a road

superintendent may authorize a person to make a drain along a

public road to drain the person's property.

(b) The person must make the drain under the direction of the

commissioners court, road superintendent, or a person designated

by the commissioners court.

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

SUBCHAPTER D. COUNTY ROAD DEPARTMENT SYSTEM

Sec. 252.301. ADOPTION OF COUNTY ROAD DEPARTMENT SYSTEM. (a) A

county may adopt this subchapter at an election held as provided

by this section.

(b) The commissioners court shall submit the question of whether

to adopt this subchapter to the voters of the county if it

receives a petition signed by a number of registered voters of

the county equal to at least 10 percent of the number of votes

received in the county by all the candidates for governor in the

most recent gubernatorial election. The court shall order the

election to be held on the first authorized uniform election date

prescribed by Subchapter A, Chapter 41, Election Code, that

occurs after the 30th day after the date the petition is filed

with the court. The ballot for the election shall be printed to

permit voting for or against the proposition: "Adopting the

Optional County Road System in _______ County."

adoption, this subchapter takes effect in the county on the date

the official result of the election is determined.

(d) A county that votes to adopt this subchapter may vote in the

same manner to discontinue use of this subchapter.

(e) An election on the question of adopting or discontinuing use

of this subchapter may not be held more often than every two

years.

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

Sec. 252.302. ORGANIZATION OF SYSTEM. (a) The county road

department is responsible for the construction and maintenance of

county roads.

(b) The county road department includes:

(1) the commissioners court as the policy-making body;

(2) the county road engineer as the chief executive officer;

(3) other administrative personnel; and

(4) road employees.

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

Sec. 252.303. COUNTYWIDE SYSTEM. In a county that adopts this

subchapter, the construction and maintenance of county roads, the

ownership and use of county road department equipment, materials,

and supplies, and the administration of the county road

department are to be based on the county as a whole without

regard to commissioners' precincts.

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

Sec. 252.304. COUNTY ROAD ENGINEER OR ROAD ADMINISTRATOR. (a)

The commissioners court shall appoint a county road engineer, who

must:

(1) be a licensed professional engineer experienced in road

construction and maintenance; and

(2) meet the qualifications required by the Texas Department of

Transportation for its district engineers.

(b) If the commissioners court is unable to employ a licensed

professional engineer, it may employ a county road administrator

to perform the duties of the county road engineer. The county

road administrator must have had experience in road building or

maintenance or other types of construction work qualifying the

person to perform the duties of the position but need not have

had any particular amount of professional training or experience

in engineering work.

section of this subchapter to the county road engineer means the

county road administrator.

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

Sec. 252.305. OATH; BONDS. (a) A county road engineer must

take the official oath of office.

(b) As required by the commissioners court, the county road

engineer and other administrative personnel of the county road

department must give a bond in an amount and with a surety

approved by the commissioners court. The county shall pay the

premiums on the bond.

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

Sec. 252.306. SALARY OF COUNTY ROAD ENGINEER. A county road

engineer shall receive an annual salary to be paid in equal

monthly installments out of the county road and bridge fund.

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

Sec. 252.307. TERM AND REMOVAL. (a) A county road engineer

holds the position for an indefinite term.

(b) A county road engineer may be removed by a majority vote of

the commissioners court. The removal takes effect on the 30th day

after the date the county road engineer receives written notice

that the court intends to remove the engineer. The court shall

hold a public hearing on the removal before the removal takes

effect if the county road engineer requests a hearing in writing.

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

Sec. 252.308. COUNTY ROAD ENGINEER UNABLE TO PERFORM DUTIES. A

commissioners court may designate a qualified administrative

officer to perform the county road engineer's duties during any

period in which the county road engineer is absent or unable to

perform those duties.

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

Sec. 252.309. POWERS AND DUTIES OF COUNTY ROAD ENGINEER. (a)

The county road engineer is responsible to the commissioners

court for the efficient and economical construction and

maintenance of the county roads.

(b) The county road engineer may:

(1) appoint for an indefinite term and remove the county road

department's personnel, subject to the approval of the

commissioners court; and

(2) authorize administrative personnel to employ and remove

subordinates.

shall deal with the county road department's personnel through

the county road engineer.

(d) The county road engineer shall attend all meetings of the

commissioners court relating to county road matters and may

participate in the discussions and make recommendations.

(e) The county road engineer shall:

(1) ensure that the policies of the commissioners court relating

to county roads are faithfully executed;

(2) supervise the administration of the county road department;

(3) prepare detailed annual budget estimates for the

construction and maintenance of the county roads and the

operation of the county road department;

(4) prepare estimates and specifications for the equipment,

materials, supplies, and labor necessary for the construction and

maintenance of the county roads and the operation of the county

road department;

(5) serve as custodian of the equipment, materials, and supplies

belonging to the county road department;

(6) prepare plans and specifications for county road

construction and maintenance;

(7) maintain cost-accounting records of county road department

expenditures;

(8) keep an inventory of county road department equipment,

materials, and supplies; and

(9) perform any other duties required by the commissioners court

that are consistent with this subchapter.

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

Sec. 252.310. INSPECTIONS. The county road engineer shall

inspect for the county the progress of work on a county road

construction and maintenance project awarded to a private

contractor.

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

Sec. 252.311. FUNDING. (a) Expenditures for the construction

and maintenance of the county roads and the operation of the

county road department shall be paid out of the county road and

bridge fund strictly in accordance with annual budgeted

appropriations.

(b) On application of the county road engineer, the

commissioners court may transfer any part of an unencumbered

appropriation balance for an item in the county road and bridge

fund budget to another item.

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

Sec. 252.312. COMPETITIVE BIDDING. (a) Except as provided by

Subsection (b), the commissioners court shall purchase the

equipment, materials, and supplies for the county road department

through competitive bidding in conformity with estimates and

specifications prepared by the county road engineer.

(b) If the county road engineer so recommends and the

commissioners court considers it to be in the best interest of

the county, a purchase in an amount of $25,000 or less may be

made through negotiation by the commissioners court or the

court's authorized representative on requisition to be approved

by the commissioners court or the county auditor without

advertising for competitive bids.

competitive bidding requirement on a purchase that would

otherwise cost more than $25,000.

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

Amended by Acts 2001, 77th Leg., ch. 115, Sec. 3, eff. Sept. 1,

2001; Acts 2001, 77th Leg., ch. 675, Sec. 2, eff. June 13, 2001.

Sec. 252.313. PAYMENT OF CLAIMS. Before the commissioners court

orders payment of a claim covering the purchase of equipment,

materials, supplies, or services, including county road

construction or maintenance, contracted for by the court, the

county road engineer must certify in writing that the claim is

correct and that:

(1) any equipment, materials, or supplies covered by the claim

conform to specifications approved by the county road engineer

and have been delivered in good condition;

(2) any county road department services contracted for by the

commissioners court have been satisfactorily performed; and

(3) any county road construction or maintenance done under the

contract conforms to the plans and specifications called for in

the contract.

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

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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