State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-280-miscellaneous-provisions

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE C. COUNTY ROADS AND BRIDGES

CHAPTER 280. MISCELLANEOUS PROVISIONS

Sec. 280.001. CONDEMNING RAILROAD ROADBED. The commissioners

court of a county may condemn a railroad roadbed on the petition

of at least 20 freeholders of an unincorporated community for the

purpose of opening, widening, or extending a street in the

community.

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

Sec. 280.002. AUTHORITY OF CERTAIN COUNTIES TO REMOVE PROPERTY

FROM COUNTY ROADS. (a) In this section, "personal property"

includes personal property of any kind or character, including a

motor vehicle.

(b) This section applies only to a county with a population of

3.3 million or more.

(c) Except as provided by Subsection (g), a county commissioner

may order the removal of personal property by the county from the

right-of-way or roadway of a county road if the county

commissioner determines the property:

(1) blocks the right-of-way or roadway for at least six hours;

or

(2) endangers public safety.

(d) A county commissioner may order the removal of the personal

property by the county without the consent of the owner or

carrier of the property.

(e) The owner and the carrier of personal property removed under

this section shall reimburse a county for the costs of removal

and disposition.

(f) Notwithstanding any other provision of law, a county and its

officers, agents, and employees are not liable for:

(1) any damage to personal property resulting from its removal

or disposal by the county unless the removal or disposal is

carried out recklessly or in a grossly negligent manner; or

(2) any damage resulting from the failure to exercise authority

granted under this subchapter.

(g) A county commissioner may not order the removal of personal

property of a public utility that is using the right-of-way or

roadway of a county road to install, maintain, repair, or

otherwise access a facility of the public utility.

Added by Acts 2005, 79th Leg., Ch.

1030, Sec. 1, eff. September 1, 2005.

Amended by:

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

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

Sec. 280.003. STREET LIGHTS IN SUBDIVISION LOCATED IN CERTAIN

COUNTIES. (a) This section applies only to the unincorporated

area of a county that has any of its territory located within 150

miles of an international boundary.

(b) The commissioners court of the county may by order provide

for the establishment of street lights along a county road

located in a subdivision. The order may provide for:

(1) the installation, operation, and maintenance of the street

lights by:

(A) the county; or

(B) another public or private entity with which the county may

contract;

(2) the imposition of a fee on landowners in the subdivision who

benefit from the street lights;

(3) collection of a fee imposed under this subsection by:

(A) the county; or

(B) another public or private entity with which the county may

contract; and

(4) any other matter the commissioners court finds necessary to

the installation, operation, or maintenance of the street lights.

(c) This section does not supersede applicable provisions for

street light service contained in the tariff of an electric

utility that provides service to the subdivision.

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

1183, Sec. 1, eff. June 15, 2007.

State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-280-miscellaneous-provisions

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE C. COUNTY ROADS AND BRIDGES

CHAPTER 280. MISCELLANEOUS PROVISIONS

Sec. 280.001. CONDEMNING RAILROAD ROADBED. The commissioners

court of a county may condemn a railroad roadbed on the petition

of at least 20 freeholders of an unincorporated community for the

purpose of opening, widening, or extending a street in the

community.

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

Sec. 280.002. AUTHORITY OF CERTAIN COUNTIES TO REMOVE PROPERTY

FROM COUNTY ROADS. (a) In this section, "personal property"

includes personal property of any kind or character, including a

motor vehicle.

(b) This section applies only to a county with a population of

3.3 million or more.

(c) Except as provided by Subsection (g), a county commissioner

may order the removal of personal property by the county from the

right-of-way or roadway of a county road if the county

commissioner determines the property:

(1) blocks the right-of-way or roadway for at least six hours;

or

(2) endangers public safety.

(d) A county commissioner may order the removal of the personal

property by the county without the consent of the owner or

carrier of the property.

(e) The owner and the carrier of personal property removed under

this section shall reimburse a county for the costs of removal

and disposition.

(f) Notwithstanding any other provision of law, a county and its

officers, agents, and employees are not liable for:

(1) any damage to personal property resulting from its removal

or disposal by the county unless the removal or disposal is

carried out recklessly or in a grossly negligent manner; or

(2) any damage resulting from the failure to exercise authority

granted under this subchapter.

(g) A county commissioner may not order the removal of personal

property of a public utility that is using the right-of-way or

roadway of a county road to install, maintain, repair, or

otherwise access a facility of the public utility.

Added by Acts 2005, 79th Leg., Ch.

1030, Sec. 1, eff. September 1, 2005.

Amended by:

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

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

Sec. 280.003. STREET LIGHTS IN SUBDIVISION LOCATED IN CERTAIN

COUNTIES. (a) This section applies only to the unincorporated

area of a county that has any of its territory located within 150

miles of an international boundary.

(b) The commissioners court of the county may by order provide

for the establishment of street lights along a county road

located in a subdivision. The order may provide for:

(1) the installation, operation, and maintenance of the street

lights by:

(A) the county; or

(B) another public or private entity with which the county may

contract;

(2) the imposition of a fee on landowners in the subdivision who

benefit from the street lights;

(3) collection of a fee imposed under this subsection by:

(A) the county; or

(B) another public or private entity with which the county may

contract; and

(4) any other matter the commissioners court finds necessary to

the installation, operation, or maintenance of the street lights.

(c) This section does not supersede applicable provisions for

street light service contained in the tariff of an electric

utility that provides service to the subdivision.

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

1183, Sec. 1, eff. June 15, 2007.


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State Codes and Statutes

Statutes > Texas > Transportation-code > Title-6-roadways > Chapter-280-miscellaneous-provisions

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE C. COUNTY ROADS AND BRIDGES

CHAPTER 280. MISCELLANEOUS PROVISIONS

Sec. 280.001. CONDEMNING RAILROAD ROADBED. The commissioners

court of a county may condemn a railroad roadbed on the petition

of at least 20 freeholders of an unincorporated community for the

purpose of opening, widening, or extending a street in the

community.

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

Sec. 280.002. AUTHORITY OF CERTAIN COUNTIES TO REMOVE PROPERTY

FROM COUNTY ROADS. (a) In this section, "personal property"

includes personal property of any kind or character, including a

motor vehicle.

(b) This section applies only to a county with a population of

3.3 million or more.

(c) Except as provided by Subsection (g), a county commissioner

may order the removal of personal property by the county from the

right-of-way or roadway of a county road if the county

commissioner determines the property:

(1) blocks the right-of-way or roadway for at least six hours;

or

(2) endangers public safety.

(d) A county commissioner may order the removal of the personal

property by the county without the consent of the owner or

carrier of the property.

(e) The owner and the carrier of personal property removed under

this section shall reimburse a county for the costs of removal

and disposition.

(f) Notwithstanding any other provision of law, a county and its

officers, agents, and employees are not liable for:

(1) any damage to personal property resulting from its removal

or disposal by the county unless the removal or disposal is

carried out recklessly or in a grossly negligent manner; or

(2) any damage resulting from the failure to exercise authority

granted under this subchapter.

(g) A county commissioner may not order the removal of personal

property of a public utility that is using the right-of-way or

roadway of a county road to install, maintain, repair, or

otherwise access a facility of the public utility.

Added by Acts 2005, 79th Leg., Ch.

1030, Sec. 1, eff. September 1, 2005.

Amended by:

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

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

Sec. 280.003. STREET LIGHTS IN SUBDIVISION LOCATED IN CERTAIN

COUNTIES. (a) This section applies only to the unincorporated

area of a county that has any of its territory located within 150

miles of an international boundary.

(b) The commissioners court of the county may by order provide

for the establishment of street lights along a county road

located in a subdivision. The order may provide for:

(1) the installation, operation, and maintenance of the street

lights by:

(A) the county; or

(B) another public or private entity with which the county may

contract;

(2) the imposition of a fee on landowners in the subdivision who

benefit from the street lights;

(3) collection of a fee imposed under this subsection by:

(A) the county; or

(B) another public or private entity with which the county may

contract; and

(4) any other matter the commissioners court finds necessary to

the installation, operation, or maintenance of the street lights.

(c) This section does not supersede applicable provisions for

street light service contained in the tariff of an electric

utility that provides service to the subdivision.

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

1183, Sec. 1, eff. June 15, 2007.


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