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Highways And Roads

Summaries

KP-0004
Ken Paxton

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.|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-0184
Ken Paxton

Application of administrative fees in Transportation Code subsection 228.0547(b) to entity contracting with TxDOT to operate toll lane under Transportation Code section 228.007(b)

KP-0194
Ken Paxton

Commencement of environmental review process for purposes of Transportation Code subsection 372.002(d)|Commences

KP-0197
Ken Paxton

Article III, section 49-g - Use of state highway funds designated by voter approval of Proposition 1|Article VIII, section 7-c - Use of state highway funds designated by voter approval of Proposition 7|Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects|Transportation Commission use of constitutionally dedicated state highway funds on non-tolled portions of toll projects

GA-0003
Greg Abbott

Utility accommodation policy of Department of Transportation for controlled-access highways is not impermissible burden on utility rights-of-way

GA-0039
Greg Abbott

Bolivar bridge project, Harris County may not participate in because no part of project lies within Harris County

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-0088
Greg Abbott

Overweight trucks, commissioners court may not impose additional regulations with regard to weight on those granted overweight permit by Department of Transportation|Public road, commissioners court may not discontinue until road designated as replacement is ready, but may abandon or vacate without such replacement

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-0143
Greg Abbott

Proceeds from the sale of agency salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated to highway purposes and, for sales occurring on or after September 1, |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, and|Proceeds from the sale of salvage or surplus personal property purchased with funds constitutionally dedicated to highway purposes are not themselves constitutionally dedicated, and the proceeds of such sales occurring on or after September 1, 2003, may b|Highway purposes, proceeds from the sale of salvage or surplus personal property purchased with revenue constitutionally dedicated to highway purposes are not themselves constitutionally dedicated, and the proceeds of such sales occurring on or after Septe

GA-0192
Greg Abbott

Outdoor advertising signs, regulation by city|Nonconforming use|Highway Beautification Act, state law implementing provisions on outdoor advertising

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-0320
Greg Abbott

Infrastructure, whether construction to improve an intersection constitutes a project authorized under the Development Corporation Act of 1979

GA-0430
Greg Abbott

County road right-of-way, county commissioners court may order the removal of the manufactured homes from|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|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\r\n

GA-0440
Greg Abbott

Cameras, installation of on state highway rights-of-way to monitor compliance with traffic-control signals to enforce traffic laws|Cameras, Department's authority to install on state highway rights-of-way to monitor compliance with traffic-control signals to enforce traffic laws and to permit local authorities to install for the same purpose

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-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-0659
Greg Abbott

County road, status of in light of adoption of a surveyor report relocating county line

GA-0687
Greg Abbott

Monies held in trust in a particular subaccount of the state highway fund, Department of Transportation may not transfer to a regional transportation authority|Monies held in trust in a particular subaccount of the state highway fund, Department may not transfer to a regional transportation authority

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-0835
Greg Abbott

Takings, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053|Public road, constitutionality of commissioners court authority to declare a public road under Transportation Code section 251.053

GA-0899
Greg Abbott

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 on|Operations

GA-0981
Greg Abbott

Tax increment bonds, authority of counties to issue

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

GA-1076
Greg Abbott

Tax increment financing, use by counties|County energy transportation reinvestment zones

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-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-0370
Dan Morales

Interest|Accretion|Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a of the Texas Constitution, disposition of|Oil and gas royalties received for depletion of highway rights-of-way, disposition of|State highway rights-of-way, disposition of oil and gas royalties received for depletion of|Oil and gas royalties received for depletion of highway rights-of-way that state acquired using funds dedicated by article VIII, section 7-a, disposition of by Department of Transportation

JC-0016
John Cornyn

Highway|Privately-owned street within city boundaries, city may not enforce traffic laws on|Private streets, city may not use public funds to enforce traffic laws on|Privately-owned street, state and local traffic regulations not applicable on

JC-0039
John Cornyn

Grant Anticipation Revenue Vehicle ("GARVEE") bonds, whether issuance of requires amendment of Texas Constitution

JC-0073
John Cornyn

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

JC-0079
John Cornyn

Speed limit on county road or highway, commissioners court may lower without traffic study, but not to less than thirty miles per hour

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-0154
John Cornyn

Contract, whether mayor or city manager may bind city where city council has exclusive authority to enter into contracts on behalf of city|Estoppel against city in exercise of governmental function by unauthorized acts of city officers or employees|Governmental function|International bridge, construction by City of Eagle Pass

JC-0164
John Cornyn

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"|Ambiguous statute, Court will accept a commission's construction of if regulation reasonably construes the statute and does not contradict the statute's plain language|Pit, Commission may define "unacceptable unsafe location" to include inactive pit with edge located beyond 200 feet from public roadway intersection|Unacceptable unsafe location|Inactive pit|Plant

JC-0171
John Cornyn

State highway maintenance contract, county lacks authority to submit bid to Texas Transportation Commission for|State highway project that receives federal aid, public agencies barred by regulation from bidding in competition with private contractors on|Federal regulation bars public agencies from bidding in competition with private contractors on state highway project that receives federal aid|State highway maintenance contract, county lacks authority to submit bid on

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-0245
John Cornyn

Rule of "Fleming Foods v. Rylander" will not be followed when recodification is not "direct, unambiguous, and incapable of being reconciled with prior law"|Cattle guard, Webb County Commissioners Court has no authority to replace on county road

JC-0288
John Cornyn

Private roads in municipality, commissioners court may not enter into interlocal contract to maintain|Interlocal contract to maintain private roads in municipality, commissioners court may not enter into

JC-0295
John Cornyn

Water district with road district powers, whether authorized to incur long-term indebtedness payable from road fees

JC-0301
John Cornyn

Name and rename county road, authority of commissioners court to

JC-0343
John Cornyn

Ready-mixed concrete trucks, applicability of the weight limits set pursuant to chapters 621 and 622 of Transportation Code

JC-0353
John Cornyn

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 revenue|Toll roads, Department of Transportation cannot grant state highway fund monies to Authority for toll roads except on condition of repayment from toll proceeds and other revenue|Toll roads, Department cannot grant state highway fund monies to Texas Turnpike Authority for toll roads except on condition of repayment from toll proceeds and other revenue

JC-0448
John Cornyn

Requirement in rider that city agree to Transportation Department's choice of location for border inspection station attempts to amend general law and is unconstitutional|Rider to appropriations act, constitutionality of|Border inspection stations, authority of Department of Transportation to choose location for|Rider in appropriation to Department requiring city to agree to Department's choice of location for border inspection station is unconstitutional for attempting to amend general law in an appropriation act|Collocate|Co-locate

JC-0451
John Cornyn

Traffic offense of failure to drive in single marked lane, requirement of culpable mental state|Culpable mental state, whether traffic offense of failure to drive in single marked lane requires

JC-0460
John Cornyn

Automated enforcement equipment to identify red-light violations at roadway intersections, a city is not prohibited from adopting ordinance authorizing use of|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 criminal

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-0551
John Cornyn

Term "two designated lanes," as used in section 545.0651(b) of the Transportation Code, which authorizes municipality to restrict certain vehicles to particular highway lanes, means precisely two and may not be construed to mean "two or more"|Two|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-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