CHAPTER 472. MISCELLANEOUS PROVISIONS

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TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE Z. MISCELLANEOUS ROADWAY PROVISIONS

CHAPTER 472. MISCELLANEOUS PROVISIONS

SUBCHAPTER A. GOVERNMENT CONTRACTS FOR JOINT PAYMENT OF CERTAIN

HIGHWAY COSTS

Sec. 472.001. CONTRACTS BETWEEN CERTAIN GOVERNMENTAL ENTITIES TO

ENGAGE IN JOINT PROJECT. (a) A state agency, political

subdivision, or road district of a county may contract with a

transportation corporation created by the commission under

Chapter 431 or with another state agency, political subdivision,

or road district to jointly pay all or part of the cost of:

(1) acquiring, designing, constructing, improving, or

beautifying a state or local highway, turnpike, road, or street

project;

(2) acquiring an interest in any real property required for or

beneficial to the project; and

(3) adjusting utilities for the project.

(b) Costs of a project or payments required under a contract may

be met out of bond proceeds, taxes, or other funds available for

that purpose.

(1) issue bonds to pay costs of a project if it determines the

project will benefit it; or

(2) impose taxes in an amount necessary to create a sinking fund

for payments required by a contract that provides for payment

over a term of years.

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

Sec. 472.002. CONTRACTS INVOLVING POLITICAL SUBDIVISION OR ROAD

DISTRICT TO CONSTRUCT AND MAINTAIN HIGHWAY. The governing body

of a political subdivision or road district that determines an

improvement is reasonable, necessary, and beneficial to the

subdivision or district may contract with another governmental

entity to:

(1) acquire with bond proceeds necessary rights-of-way for the

road or highway; and

(2) construct and maintain the road or highway in cooperation

with the entity.

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

Sec. 472.003. COUNTY PAYMENTS FOR JOINT HIGHWAY PROJECTS. (a)

The commissioners court of a county may issue bonds and contract

with a road district, road utility district, state agency, or

other governmental entity in the manner, for the term, and to the

extent it may contract under Chapter 362, on determining that a

road project, including a toll road project authorized under

Chapter 441, is reasonable, necessary, and beneficial to the

county.

(b) To pay the cost of a road project that serves the county and

a road district of a county or road utility district, the

commissioners court may:

(1) dedicate ad valorem taxes paid by owners of property in the

county or district; or

(2) use other county money.

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

SUBCHAPTER B. DEPARTMENT AUTHORITY TO REMOVE PROPERTY FROM STATE

HIGHWAYS

Sec. 472.011. DEFINITION. In this subchapter, "personal

property" includes personal property of any kind or character,

including:

(1) a vehicle, as defined by Section 502.001, that is damaged or

disabled;

(2) spilled cargo;

(3) a hazardous material as defined by 49 U.S.C. App. Section

1802; and

(4) a hazardous substance as defined by Section 26.263, Water

Code.

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

Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.43(a), eff.

Sept. 1, 1997.

Sec. 472.012. DEPARTMENT AUTHORITY GENERALLY. (a) The

department may remove personal property from the right-of-way or

roadway of the state highway system if the department determines

the property blocks the roadway or endangers public safety.

(b) The department may remove the personal property without the

consent of the owner or carrier of the property.

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

Sec. 472.013. OWNER AND CARRIER RESPONSIBLE FOR COSTS OF REMOVAL

AND DISPOSITION. The owner and the carrier of personal property

removed under this subchapter shall reimburse the department for

the costs of removal and disposition.

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

Sec. 472.014. DEPARTMENT NOT LIABLE FOR DAMAGES.

Notwithstanding any other provision of law, the department and

its officers and employees are not liable for:

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

or disposal by the department 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.

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

Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.43(b), eff.

Sept. 1, 1997.

Sec. 472.015. CONTRACTS FOR REMOVAL OF PROPERTY. In contracting

with a private business or businesses for the removal of personal

property from the right-of-way or roadway of the state highway

system, the department may:

(1) use a purchasing method described in Chapter 2156,

Government Code;

(2) include the removal work in a contract entered into under

Chapter 223; or

(3) select a business or businesses based on an evaluation of

the experience of the business and the price and quality of the

business's equipment and services.

Added by Acts 2001, 77th Leg., ch. 1272, Sec. 9.01, eff. June 15,

2001.

SUBCHAPTER C. CRIMINAL OFFENSES AND PENALTIES REGARDING WARNING

SIGNS AND BARRICADES

Sec. 472.021. TAMPERING WITH WARNING DEVICES. (a) A person

commits an offense if the person tampers with, damages, or

removes a barricade, flare pot, sign, flasher signal, or other

device warning of construction, repair, or detour on or adjacent

to a highway set out by the state, a political subdivision, a

contractor, or a public utility.

(b) This section does not apply to a person acting within the

scope and duty of employment if the person is:

(1) an officer, agent, independent contractor, employee, or

trustee of the state or a political subdivision;

(2) a contractor; or

(3) a public utility.

by:

(1) a fine of not less than $25 or more than $1,000;

(2) confinement in a county jail for a term not to exceed two

years; or

(3) both the fine and the confinement.

(d) In this section:

(1) "Contractor" means a person engaged in highway construction

or repair under contract with this state or a political

subdivision of this state.

(2) "Highway" means the entire width between the boundary lines

of a publicly maintained way, any part of which is open to the

public for vehicular travel or any part of which is under

construction or repair and intended for public vehicular travel

on completion. The term includes the space above or below the

highway surface.

(3) "Person" means an individual, firm, association, or

corporation and includes an officer, agent, independent

contractor, employee, or trustee of that individual or entity.

(4) "Political subdivision" includes a county, municipality,

local board, or other body of this state having authority to

authorize highway construction or repair.

(5) "Public utility" means:

(A) a telegraph, telephone, water, gas, light, or sewage company

or cooperative;

(B) a contractor of a company or cooperative described by

Subdivision (A); or

utility.

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

Sec. 472.022. OBEYING WARNING SIGNS AND BARRICADES. (a) A

person commits an offense if the person:

(1) disobeys the instructions, signals, warnings, or markings of

a warning sign; or

(2) drives around a barricade.

(b) This section does not apply to:

(1) a person who is following the directions of a police

officer; or

(2) a person, including an employee of the department, a

political subdivision of this state, or a contractor or

subcontractor, whose duties require the person to go beyond or

around a barricade.

(d) An offense under this section is a misdemeanor punishable by

a fine of not less than $1 or more than $200, except that:

(1) if the offense is committed in a construction or maintenance

work zone when workers are present and any written notice to

appear issued for the offense states on its face that workers

were present when the offense was committed, the offense is a

misdemeanor punishable by a fine of not less than $2 or more than

$400; or

(2) if a person commits an offense under Subsection (a) where a

warning sign or barricade has been placed because water is over

any portion of a road, street, or highway, the offense is a Class

B misdemeanor.

(e) In this section:

(1) "Barricade" means an obstruction:

(A) placed on or across a road, street, or highway of this state

by the department, a political subdivision of this state, or a

contractor or subcontractor constructing or repairing the road,

street, or highway under authorization of the department or a

political subdivision of this state; and

(B) placed to prevent the passage of motor vehicles over the

road, street, or highway during construction, repair, or

dangerous conditions.

(2) "Construction or maintenance work zone" means a portion of a

highway or street:

(A) where highway construction or maintenance is being

undertaken, other than mobile operations as defined by the Texas

Manual on Uniform Traffic Control Devices; and

(B) that is marked by signs:

(i) indicating that it is a construction or maintenance work

zone;

(ii) indicating where the zone begins and ends; and

(iii) stating: "Fines double when workers present."

(3) "Warning sign" means a signal, marking, or device placed on

a barricade or on a road, street, or highway during construction,

repair, or dangerous conditions by the department, a political

subdivision of this state, or a contractor or subcontractor to

warn or regulate motor vehicular traffic. The term includes a

flagger deployed on a road, street, or highway by the department,

a political subdivision of this state, or a contractor or

subcontractor to direct traffic around or on the road, street, or

highway during construction, repair, or dangerous conditions.

(f) Articles 45.051 and 45.0511, Code of Criminal Procedure, do

not apply to an offense under this section committed in a

construction or maintenance work zone when workers are present.

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

Amended by Acts 1997, 75th Leg., ch. 674, Sec. 1, eff. Jan. 1,

1998; Acts 1999, 76th Leg., ch. 789, Sec. 1, 2, eff. Sept. 1,

1999; Acts 1999, 76th Leg., ch. 965, Sec. 1, eff. Sept. 1, 1999;

Acts 1999, 76th Leg., ch. 1088, Sec. 1, eff. Sept. 1, 1999; Acts

2001, 77th Leg., ch. 1420, Sec. 19.005, eff. Sept. 1, 2001; Acts

2003, 78th Leg., ch. 991, Sec. 1, eff. Sept. 1, 2003; Acts 2003,

78th Leg., ch. 1182, Sec. 3, eff. Sept. 1, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

576, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

576, Sec. 2, eff. September 1, 2005.

SUBCHAPTER D. METROPOLITAN PLANNING ORGANIZATIONS

Sec. 472.031. DEFINITIONS. In this subchapter:

(1) "Metropolitan planning organization" means a metropolitan

planning organization designated or redesignated under 23 U.S.C.

Section 134.

(2) "Policy board" means the policy board of a metropolitan

planning organization.

Amended by:

Acts 2005, 79th Leg., Ch.

537, Sec. 1, eff. September 1, 2005.

Sec. 472.032. VOTING PROXIES BY POLICY BOARD MEMBERS. (a) A

policy board may provide in its bylaws for appointment of voting

proxies by its members.

(b) A proxy appointed under Subsection (a):

(1) acts on behalf of and under the supervision of the policy

board member who appointed the proxy;

(2) must be appointed in writing; and

(3) is authorized to vote for the policy board member who

appointed the proxy to the extent the member has given the proxy

the member's voting power.

absent at a meeting of the policy board during a legislative

session.

(d) A legislative member of a policy board may only appoint a

proxy under Subsection (a) who is:

(1) the legislative member's employee or staff member;

(2) a person related to the member within the second degree by

consanguinity, as determined under Subchapter B, Chapter 573,

Government Code, who is not required to register as a lobbyist

under Chapter 305, Government Code;

(3) another legislative member of the policy board; or

(4) a locally elected official.

Added by Acts 2003, 78th Leg., ch. 267, Sec. 1, eff. June 18,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.82, eff. June 14, 2005.

Acts 2005, 79th Leg., Ch.

537, Sec. 1, eff. September 1, 2005.

Acts 2005, 79th Leg., Ch.

565, Sec. 1, eff. June 17, 2005.

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

921, Sec. 17.001(75), eff. September 1, 2007.

Sec. 472.033. APPLICABILITY OF CONFLICTS OF INTEREST LAW TO

POLICY BOARD MEMBERS. (a) A policy board member is considered

to be a local public official for purposes of Chapter 171, Local

Government Code.

(b) If a policy board member must abstain from participation in

a vote or decision under Section 171.004, Local Government Code,

the member's proxy appointed under Section 472.032 may not

participate in the vote or decision.

excuse the member from filing an affidavit required under Section

171.004, Local Government Code.

Amended by:

Acts 2005, 79th Leg., Ch.

537, Sec. 1, eff. September 1, 2005.

Sec. 472.034. STANDARDS OF CONDUCT; ETHICS POLICY. (a) A

policy board member or employee of a metropolitan planning

organization may not:

(1) accept or solicit any gift, favor, or service that might

reasonably tend to influence the member or employee in the

discharge of official duties or that the member or employee knows

or should know is being offered with the intent to influence the

member's or employee's official conduct;

(2) accept other employment or engage in a business or

professional activity that the member or employee might

reasonably expect would require or induce the member or employee

to disclose confidential information acquired by reason of the

official position;

(3) accept other employment or compensation that could

reasonably be expected to impair the member's or employee's

independence of judgment in the performance of the member's or

employee's official duties;

(4) make personal investments that could reasonably be expected

to create a substantial conflict between the member's or

employee's private interest and the public interest; or

(5) intentionally or knowingly solicit, accept, or agree to

accept any benefit for having exercised the member's or

employee's official powers or performed the member's or

employee's official duties in favor of another.

(b) An employee of a metropolitan planning organization who

violates Subsection (a) or an ethics policy adopted under

Subsection (c) is subject to termination of the employee's

employment or another employment-related sanction.

Notwithstanding this subsection, a policy board member or

employee of a metropolitan planning organization who violates

Subsection (a) is subject to any applicable civil or criminal

penalty if the violation also constitutes a violation of another

statute or rule.

(1) adopt bylaws establishing an ethics policy for employees of

a metropolitan planning organization and policy board members

consistent with the standards prescribed by Subsection (a),

including provisions to prevent a policy board member from having

a conflict of interest in business before the metropolitan

planning organization; and

(2) distribute a copy of the ethics policy to:

(A) each new employee not later than the third business day

after the date the person begins employment with the agency; and

(B) each new policy board member not later than the third

business day after the date the person qualifies for office.

(d) If a person with knowledge of a violation of an ethics

policy established under Subsection (c) that also constitutes a

criminal offense under another law of this state reports the

violation to an appropriate prosecuting attorney who concludes

that there is reasonable basis to initiate an investigation,

then, not later than the 60th day after the date a person

notifies the prosecuting attorney under this subsection, the

prosecuting attorney shall notify the Texas Ethics Commission of

the status of the prosecuting attorney's investigation of the

alleged violation. The Texas Ethics Commission shall, on the

request of the prosecuting attorney, assist the prosecuting

attorney in investigating the alleged violation.

(e) To the extent an employee of a metropolitan planning

organization is subject to the ethics policy of another

governmental entity and to the extent that policy conflicts with

this section, the ethics policy of the other governmental entity

prevails.

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

264, Sec. 12.01, eff. June 11, 2007.

Amended by:

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

482, Sec. 1, eff. September 1, 2009.

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

State Codes and Statutes

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