THE ATTORNEY GENERAL OF TEXAS
Ken Paxton

Cumulative Subject Index
AG Opinions 1990-Present

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HIGHWAYS AND ROADS
Cameras, installation of on state highway rights-of-way to monitor compliance with traffic-control signals to enforce traffic lawsGA-0440
County energy transportation reinvestment zonesGA-1076
County road right-of-way, county commissioners court may order the removal of the manufactured homes fromGA-0430
County road, status of in light of adoption of a surveyor report relocating county lineGA-0659
Inactive pit with edge located within 200 feet of public roadway constitutes an "unacceptable unsafe location" and is subject to statutory safety-barrier requirements if a pit is located on site with a "plant"JC-0164
International bridge, construction by City of Eagle PassJC-0154
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 theGA-1014
Manufactured homes, county constable is not authorized by section 545.3051 of Transportation Code to remove from the right-of-way of a county road GA-0430
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 acceptGA-1014
Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of TransportationGA-0509
Private roads used for school bus routes, county is not authorized to maintainDM-0013
Privately-owned street, state and local traffic regulations not applicable onJC-0016
Public road, commissioners court may not discontinue until road designated as replacement is ready, but may abandon or vacate without such replacementGA-0088
Tax increment financing, use by countiesGA-1076
Term "two designated lanes," as used in section 545.0651(b) of the Transportation Code, means precisely two and may not be construed to mean "two or more"JC-0551
Traffic offense of failure to drive in single marked lane, requirement of culpable mental stateJC-0451
Utility accommodation policy of Department of Transportation for controlled-access highways is not impermissible burden on utility rights-of-wayGA-0003
County
Abandonment of road by vote of commissioners court vests title in abutting property ownersLO94-053
Access to public roads in subdivision, landowner may not block by locked gate or other obstructionJC-0172
Amount of tax voted by electorate, tax collector and the commissioners court cannot ordinarily levy or collect a tax in a road district in excess ofJM-1276
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 revenuesDM-0126
Bolivar bridge project, Harris County may not participate in because no part of project lies within Harris CountyGA-0039
Bond election, county road district bond election is not rendered invalid if amount to be voted upon is changed after a public hearingJM-1276
Cattle guard, Webb County Commissioners Court has no authority to replace on county roadJC-0245
Center stripe, county may lay on county road in accordance with Texas Manual on Uniform Traffic Control DevicesJC-0175
City streets, authority to expend county funds for (Overruled to extent inconsistent with Tex. Att'y Gen. Op. No. JC-0036 (1999))LO97-084
Closure of public road requires unanimous vote of commissioners courtJC-0116
Commissioners courts, whether they are authorized to remove structures from the right-of-way that they deem to be safety hazardsGA-0693
Competitive bidding laws, purchasing culverts and road sign components separately may violateLO94-087
Donation for improvement of specific county road, whether commissioners court may agree to conditionJC-0073
Drainage easements and rights-of-way, disposing of abandonedGA-0471
Drainage of road, county has duty to provide for when it accepts municipal utility district's dedication of road to public useLO94-044
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 toGA-0473
Ex officio road commissioner system, administration of roads underGA-0295
Gate across third class road, landowner must remove if commissioners court constructs a cattle guard to replaceLO98-120
Harris County Road Law governs Harris County's sale of land acquired but never used for road purposesLO93-047
It is likely a court would conclude that, absent a constitutional amendment, a county may not form and operate a county energy transportation reinvestment zone ("CETRZ"), a tax increment reinvestment zone ("TIRZ"), or a transportation reinvestment zone ("TRZ") to the extent that doing so utilizes a pledge of the captured increment of ad valorem taxes to fund a county tax increment reinvestment zone.KP-004
Maintenance of any particular county road, county's decision as to frequency of maintenance is matter for discretion of commissioners courtGA-0128
Name and rename county road, authority of commissioners court toJC-0301
Optional County Road Law of 1947, county that adopted that law prior to its repeal continues to operate underDM-0368
Private roads become public roads subject to county maintenance when dedicated to county and accepted by commissioners courtJC-0172
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 vehiclesGA-0080
Public road, commissioners court may not permanently cease to maintain without formerly ordering that road be discontinued and designating alternative routeGA-0128
Public road, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053GA-0835
Public roadway easement by prescription, acquisition and maintenance ofLO95-078
Repair of road located within city limits, county is authorized to pay for if road is integral part of or connecting link with county's road systemLO98-116
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 expenseJC-0556
Rights-of-way on county roads established by implied dedication or prescription, whether they extend beyond the area traveledGA-0693
Road administrator, county may employ instead of engineer if county is unable to hire engineerDM-0368
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 interestJC-0100
Roads dedicated to public, county must accept for maintenance before enforcing speed limits onLO95-064
Speed bump, county may install on county road with permission of Texas Department of TransportationJC-0175
Speed limit on county road or highway, commissioners court may lower without traffic study, but not to less than thirty miles per hourJC-0079
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 instanceJC-0503
Stop signs, commissioners court order installing constitutes traffic regulation subject to hearing requirementGA-0129
Storm water sewer located within roadway easement, county is obligated to maintain only if it has accepted dedication ofLO94-044
Subdivision road, county's authority to accept dedication of and county's authority to remove obstruction of road not accepted for county maintenanceGA-0139
Subdivision roads, authority of commissioners court to improve and assess costs of improvements against property owners within subdivisionDM-0204
Tax anticipation notes and bond anticipation notes as well as bonds, county road district may borrow money by issuing but not unless authorized by the electorateJM-1276
Third-class road, property owner has no authority to install gate if county has installed cattle guardsLO95-065
Traffic fatality markers, authority of county to install in right-of-way located in subdivision with restrictive covenantsLO97-018
Traffic fatality markers, constitutionality of county's use of Latin crosses asLO97-018
Traffic regulation on non-county maintained public roads in subdivisions located within a fresh water supply district in an unincorporated area of the countyGA-0809
Traffic regulation subject to hearing requirement, whether commissioners court order installing stop signs constitutesGA-0129
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 roadGA-1013
Trees and shrubs in county road right-of-way, commissioners court has general authority to remove and dispose of (depending on easement contract)JM-1241
Financial Matters
Donation for improvement of specific county road, whether commissioners court may agree to conditionJC-0073
Grant Anticipation Revenue Vehicle ("GARVEE") bonds, whether issuance of requires amendment of Texas ConstitutionJC-0039
Infrastructure, whether construction to improve an intersection constitutes a project authorized under the Development Corporation Act of 1979GA-0320
Interlocal contract to maintain private roads in municipality, commissioners court may not enter intoJC-0288
Revenue constitutionally dedicated to highway purposes, proceeds from sale of salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated to highway purposes, andGA-0143
State Infrastructure Bank, whether county may borrow money from for bridge and road construction without issuing bondsJC-0139
Tax increment bonds, authority of counties to issueGA-0981
Toll roads, Department of Transportation cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenueJC-0353
Water district with road district powers, whether authorized to incur long-term indebtedness payable from road feesJC-0295
State
Border inspection stations, authority of Department of Transportation to choose location forJC-0448
Disregard of traffic-control device is a criminal violation under state law; cities are prohibited from enacting ordinances that conflict with state law and therefore a city may not adopt ordinance making running a red light a civil rather than a criminalJC-0460
Highway Beautification Act, state law implementing provisions on outdoor advertisingGA-0192
Monies held in trust in a particular subaccount of the state highway fund, Department of Transportation may not transfer to a regional transportation authorityGA-0687
Ready-mixed concrete trucks, applicability of the weight limits set pursuant to chapters 621 and 622 of Transportation CodeJC-0343
State Highway 165 within the State Cemetery, the State Cemetery Committee is to determine in the first instance and subject to judicial review the exact scope of its operational authority, and whether that authority necessarily includes the power to regulate bicycles onGA-0899
State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission forJC-0171
State highway rights-of-way, disposition of oil and gas royalties received for depletion ofDM-0370