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Roads And Bridges

Summaries

KP-0075
Ken Paxton

County roads upon compliance with the requirements of the statute. To the extent any of the actions in Transportation Codoe section 251.051 may be applicable to Dallas Drive, the county may utilize them to divest itself of its|Right of way - a county road may include the sidewalks in the right of way

GA-0013
Greg Abbott

Improvement of subdivision road, ballot proposing must be sent to every owner of real property in subdivision

GA-0080
Greg Abbott

Traffic rules applicable to county roads, county commissioners court may extend to roads in private subdivision and may subsequently amend order to except restrictions otherwise applicable to all-terrain vehicles|Private subdivision's roads, commissioners court may amend order extending county traffic rules to|All-terrain vehicles, county commissioners court may extend traffic rules applicable to county roads to roads in private subdivisions and may subsequently amend order to except restrictions otherwise applicable to|Private subdivision, county commissioners court may extend traffic rules applicable to county roads to roads in and may subsequently amend order to except restrictions otherwise applicable to all-terrain vehicles

GA-0128
Greg Abbott

Accident proximately caused by condition of a road to which public has right of access, liability in tort will depend on resolution of variety of questions|Maintenance of any particular county road, county's decision as to frequency of maintenance is matter for discretion of commissioners court|Public road, commissioners court may not permanently cease to maintain without formerly ordering that road be discontinued and designating alternative route

GA-0129
Greg Abbott

Stop signs, commissioners court order installing constitutes traffic regulation subject to hearing requirement|Traffic regulation subject to hearing requirement, whether commissioners court order installing stop signs constitutes

GA-0139
Greg Abbott

Subdivision road, county's authority to accept dedication of and county's authority to remove obstruction of road not accepted for county maintenance|Road dedicated to public use but not accepted for county maintenance, owners of abutting property whose deed specifically references plat have enforceable easement in|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, county's authority to remove|Obstruction of subdivision road dedicated to public on approved plat but not accepted for county maintenance, sheriff's authority to remove

GA-0295
Greg Abbott

Ex officio road commissioner system, administration of roads under|No county roads in unincorporated area of one precinct, administration of roads under ex officio road commissioner system may continue when there are|Ex officio road commissioners of two precincts may not jointly hire employees to work in both precincts|Ex officio road commissioner may not contract with public or private entity to perform road work in precinct|Ex officio road commissioners, service by county commissioner as|Road and bridge fund, commissioners court has broad discretion to allocate among precincts, subject to judicial review and abrogation for abuse of discretion

GA-0319
Greg Abbott

Extraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes county to construct and maintain part of road therein to the extent that county road construction standards apply\r\n\r\nSubdivision roads, Transportation Code |County authority under Transportation Code chapter 253 to construct and maintain subdivision roads in unincorporated area and assess costs to landowners\r\n\r\nExtraterritorial jurisdiction, subdivision road within, Transportation Code chapter 253 authorizes

GA-0345
Greg Abbott

Donation of a private road or donations to maintain road, counties with populations that exceed 5,000 must follow procedures outlined in chapter 253 or 281 of the Transportation Code to bring a private road into the county road system before the county may accept

GA-0359
Greg Abbott

Private road, a county may not repair|Subdivision road, a county may repair but the road will thereby become part of the county road system

GA-0471
Greg Abbott

Drainage easements and right-of-way, disposing of abandoned|Drainage easements and rights-of-way, disposing of abandoned|Drainage principle|Public road|Highway

GA-0472
Greg Abbott

Hospital district, ambulance service, whether required to provide|Hospital district, physician contract|Ambulance service, whether required to provide|Physician contract|Hospital district, physician services contract|Closed meeting, attorney exception|Closed meeting, economic development exception|Employ licensed professional engineer as county road engineer, county commissioners court has discretion under section 252.304 of Transportation Code to determine in the first instance whether it is unable in fact to

GA-0473
Greg Abbott

Employ road administrator when unable to employ licensed professional engineer, county operating under county road department system is authorized under section 252.304 of Transportation Code to|Licensed professional engineer, county commissioners court authorized to hire road administrator under section 252.304 where unable in fact to employ|County road administrator, county commissioners court authorized by section 252.304 of Transportation Code to hire when unable in fact to employ licensed professional engineer

GA-0509
Greg Abbott

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation

GA-0513
Greg Abbott

Dedication of subdivision road, effect of county’s qualified acceptance\r\n

GA-0576
Greg Abbott

Road bonds issued under article III, section 52(b) and (c), a county may use to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway|Streets, a county may use road bonds issued under article III, section 52(b) and (c) of the Texas Constitution to construct, maintain, or operate a municipal street that forms a connecting link or an integral part of a county road or state highway|Integral

GA-0594
Greg Abbott

Plat, approval by commissioners court as prerequisite for filing with county clerk|Commissioners court's approval of plat for filing with county clerk does not constitute acceptance of dedication of private roads to the public|Dedication of roads in subdivision plat not effective until accepted on behalf of public by commissioners court|Plat of subdivision outside of municipality, approval by commissioners court as prerequisite for filing with county clerk

GA-0693
Greg Abbott

Commissioners courts, whether they are authorized to remove structures from the right-of-way that they deem to be safety hazards|Rights-of-way on county roads established by implied dedication or prescription, whether they extend beyond the area traveled

GA-0722
Greg Abbott

Fee, county may impose on a person or entity for cuts of a county road surface in connection with installing maintaining, or repairing person’s or entity’s facilities or properties\r\n\r\n|Excavating or cutting the surface of a county road, activities of do not include boring or tunneling under a county road|Excavate|Object (of a verb)

GA-0793
Greg Abbott

County road right-of-way, a school district has no right to install fiber-optic cable in|A school district has no right to install fiber-optic cable in a county road right-of-way|Install telecommunications equipment in the right-of-way of a public road, no right to absent statutory authority|Right-of-way

GA-1010
Greg Abbott

A county commissioner, acting alone, may not enter into an agreement with a private entity to fund the repair of county roads|Local Government Code section 81.032, commissioners court has broad discretion to accept donations of money with reasonable conditions attached when doing so would further the county\\'s road building and maintenance duties, under

GA-1013
Greg Abbott

Transportation Code sections 251.003 and 251.016 authorize a commissioners court to require access-point permits for construction of access points to county roads within the county\\'s right-of-way.|Transportation Code section 251.017 authorizes a commissioners court to set a reasonable fee for permits to construct access points to county roads located within the county\\'s right-of-way|Transportation Code sections 251.003, 251.016, and 251.017 authorize a commissioners court to require a permit and charge a fee for installing an access point to a county road|Transportation Code section 251.017 authorizes a commissioners court to charge a reasonable fee for a permit to install an access point to a county road|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses of the Texas and United States Constitutions unless something about the industry makes it uniquely deserving of special permitting requirements|Targeting a specific industry for permitting requirements and fees not applicable to other industries could run afoul of the Equal Protection Clauses unless something about the industry makes it uniquely deserving of special permitting requirements.

GA-1014
Greg Abbott

Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants, or donations for the|Monetary donations from private entities. A commissioners court has discretion under Local Government Code section 81.032 to determine whether and under what conditions to accept|Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants, or donations for the|Monetary donations from private entities. A commissioners court has discretion under Local Government Code section 81.032 to determine whether and under what conditions to accept|Maintenance of county roads as a function conferred on a county by statute. Local Government Code section 81.032 authorizes a county commissioners court to accept gifts, grants or donations for the

DM-0013
Dan Morales

Private roads used for school bus routes, county is not authorized to maintain

DM-0126
Dan Morales

Assessments for road improvements, commissioners court may delegate details of calculating and collecting, but may not assess property owners costs of holding election and collecting revenues

DM-0158
Dan Morales

Ex officio road commissioner's decision to terminate employee paid from road and bridge funds may not be overturned by commissioners court, but another road commissioner may hire employee and court may transfer employee's salary to new precinct

DM-0204
Dan Morales

Subdivision roads, authority of commissioners court to improve and assess costs of improvements against property owners within subdivision

DM-0368
Dan Morales

Road administrator, county may employ instead of engineer if county is unable to hire engineer|Optional County Road Law of 1947, county that adopted law prior to its repeal continues to operate under|Optional County Road Law of 1947, county that adopted that law prior to its repeal continues to operate under

DM-0487
Dan Morales

Neighborhood road, when county may condemn private property to establish

JC-0036
John Cornyn

County funds for city streets unconnected with county road system, commissioners court may expend if expenditure serves a county purpose in accordance with article III, section 52(a)\r\n\r\n|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c), commissioners court may not spend on city streets unconnected to county road system|County business under article V, section 18b, legislature not prohibited from authorizing commissioners court to improve city streets unconnected with county road system if county derives a benefit from improvement so as to constitute|City streets unconnected to county road system, commissioners court may expend county funds to improve if expenditure serves a county purpose in accordance with article III, section 52(a) of Texas Constitution\r\n\r\n|City streets unconnected to county road system, commissioners court may not expend proceeds of unlimited tax, county road or district road bonds issued under article III, section 52(b) or (c) of Texas Constitution on|Proceeds of unlimited tax, county road or district road bonds issued pursuant to article III, section 52(b) or (c) of Texas Constitution, commissioners court may not spend on city streets unconnected to county road system

JC-0073
John Cornyn

Donation for improvement of specific county road, whether commissioners court may agree to condition

JC-0100
John Cornyn

Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize purchase by precinct employees; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporati|Purchase from auto parts corporation, county commissioner in capacity as road commissioner may not or authorize precinct employees to; nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in whi|Road commissioner, county commissioner in his or her capacity as ex officio may not purchase, authorize purchase of, or participate in decision to purchase auto parts from corporation in which he or she owns a substantial interest|Road commissioner may not purchase or authorize purchase, nor may commissioner participate in county commissioners court's decision to purchase auto parts from corporation in which commissioner has substantial interest

JC-0116
John Cornyn

Closure of public road requires unanimous vote of commissioners court

JC-0139
John Cornyn

State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bonds|County lacks authority to borrow money from State Infrastructure Bank for bridge and road construction without issuing bonds

JC-0172
John Cornyn

Dedication|Access to public roads in subdivision, landowner may not block by locked gate or other obstruction|Private roads become public roads subject to county maintenance when dedicated to county and accepted by commissioners court

JC-0175
John Cornyn

Center stripe, county may lay on county road in accordance with Texas Manual on Uniform Traffic Control Devices|Speed bump, county may install on county road with permission of Texas Department of Transportation

JC-0238
John Cornyn

Right-of-way, county's authority to permit public utilities to use does not entail authority to permit third parties to use for private benefit|Right-of-way, whether county may permit third party to place water lines on will depend either on scope of easement's grant or uses by which prescriptive easement gained, and whether use constitutes additional burden on land

JC-0250
John Cornyn

Motor vehicle registration fees must be credited to the county road and bridge fund and used as provided by section 502.108 of the Transportation Code|Surplus motor vehicle registration fees, a county that does not impose a road and bridge tax under article VIII, section 9(c) of the Texas Constitution may transfer surplus fees to any other county fund to use as authorized by article VIII, section 7-a of

JC-0301
John Cornyn

Name and rename county road, authority of commissioners court to

JC-0503
John Cornyn

Status of "public road" entitled to county maintenance, whether a road has acquired that status through public use or implied dedication is a determination for the commissioners court in the first instance

JC-0517
John Cornyn

Oversize or overweight vehicle that has received permit from Department of Transportation, county may not issue permit or set additional requirements for|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department of Transportation must issue permit to applicant to operate|Oversize or overweight vehicle, if applicant satisfies statutory requirements Department must issue permit to applicant to operate|May

JC-0556
John Cornyn

Right-of-way, water corporation may lay fixtures in county after notifying county but need not notify county before repairing existing fixtures; county may require water corporation to remove or relocate fixtures at corporation's expense|Right-of-way, water corporation must obtain municipality's consent before laying water system pipes, mains, or conductors through municipal; municipality may require water corporation to remove or relocate fixtures at corporation's expense|Right-of-way, district that is water corporation subject to chapter 402 of the Local Government Code must obtain municipality's consent before laying water system fixtures through municipal, but must only notify county before laying fixtures in county; co

JM-1155
Jim Mattox

Donations of materials to aid in maintenance of roads must be accepted by commissioners court, not by individual ex officio road commissioner

JM-1241
Jim Mattox

Trees and shrubs in county road right-of-way, commissioners court has general authority to remove and dispose of (depending on easement contract)|Salvage or surplus property

KP-0286
Ken Paxton

Repeal of a road tax may be accomplished by an election to repeal ordered by the commissioners court pursuant to Transportation Code section 256.053.

KP-0327
Ken Paxton

Under Special District and Local Laws Code chapter 11001, Bastrop County has discretion about the standard it will utilize to approve Bastrop County Water Control and Improvement District No. 2 improvements, provided the standard is based on good engineering practices according to specified statutory considerations.

KP-0399
Ken Paxton

County authority to erect signage in a state highway right-of-way under Transportation Code chapter 394

KP-0436
Ken Paxton

Authority of a county under Transportation Code chapter 251 to abandon or rename a public road not included in the county maintenance system.

AC-0003
Angela Colmenero

To the extent a moratorium proposed by a county in relation to a commercial utility-scale solar-energy facility is adopted pursuant to Transportation Code provisions related to county authority over roads but is meant to reach activity other than that related to county roads, a court would likely find it invalid and unenforceable. And to the extent the moratorium is adopted pursuant to Health and Safety Code section 121.003 but does not seek to enforce a specific, preexisting public health law, a court would likely find it invalid and unenforceable.

KP-0456
Ken Paxton

Considering a single county commissioner’s authority to maintain an outfall ditch with his or her precinct and whether the expenditure of public funds to maintain the ditch lying on private property complies with Texas Constitution article III, subsection 52(a).