General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature Page: 30
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68th LEGIS-2nd CALLED SESSION
agreements; providing for the use of bond proceeds to pay or establish a reasonable reserve to
pay interests on notes and bonds; containing other provisions relating to the subject; declaring
an emergency; providing enforcement procedures and penalties; repealing Chapter 436, Acts
of the 55th Legislature, Regular Session, 1957, as amended (Article 6626a, Vernon's Texas
Civil Statutes), and Article 6626a.1, Revised Statutes; and ratifying the repeal of certain Articles
repealed by Chapter 288, Acts of the 68th Legislature, Regular Session, 1983.
Be it enacted by the Legislature of the State of Texas:
SECTION 1. The County Road and Bridge Act (Article 6702-1, Vernon's Texas Civil
Statutes) is reenacted and amended to read as follows:
"CHAPTER 1. GENERAL PROVISIONS
"Section 1.001. SHORT TITLE. This Act may be cited as the County Road and Bridge Act.
"CHAPTER 2. POWERS OF COMMISSIONERS COURT
"SUBCHAPTER A. CREATING OR DISCONTINUING ROADS
"Section 2.001. PUBLIC ROADS. Public roads and highways that have not been discontin-
ued but have been laid out and established according to law are declared to be public roads.
(V.A.C.S. Art. 6702.)
"Section 2.002. COURT AUTHORITY. (a) The commissioners court shall:
"(1) order that public roads be laid out, opened, discontinued, or altered when necessary
"(A) a public road may not be discontinued until a new road is ready to replace it;
"(B) a public road may not be altered except to shorten the distance from end to end, unless a
unanimous vote by all elected commissioners determines otherwise; and
"(C) an entire first-class or second-class road may not be discontinued except on vacation or
nonuse for a period of three years; and
"(2) assume control of streets and alleys in all cities and incorporated towns that have no
active de facto municipal government.
"(b) The commissioners court may:
"(1) make and enforce all reasonable and necessary rules and orders for the construction and
maintenance of public roads except as prohibited by law;
"(2) hire the labor and purchase the machinery and equipment needed to construct and
maintain public roads; and
"(3) use any necessary material most convenient to build, repair, or maintain public roads
regardless of the location or extent of the material.
"(c) Under the following procedure, the commissioners court may condemn the material
necessary to build, repair, or maintain public roads, but only if the owner of the material rejects
what the court determines to be a fair price:
"(1) commissioners appointed by the court to condemn the materials shall hold a hearing and
fix a fair and reasonable value for the material based on the current method for pricing or
valuing the material;
"(2) compensation awarded by the commissioners for material shall be paid to the owner or
deposited with the county treasurer to the credit of the owner, and when so paid or deposited the
county shall have the right to enter on and use the material; if the owner or the county is not
satisfied with the compensation awarded, the owner or the county may appeal as in
condemnation cases; and
"(3) the commissioners appointed to condemn the property are entitled to receive $2 for each
day they may be involved in condemning the material involved, to be paid out of the same fund
from which payment is made for materials on the order of the commissioners court.
"(d) If material is needed for the general system of county highways, payment shall be made
from the road and bridge fund or from the proceeds of any county issue of bonds. If material is
to be used for the benefit of any defined district or political subdivision of the county, the cost of
the material shall be paid from that district or subdivision's funds arising through the sale of
bonds or the collection of special taxes. (V.A.C.S. Arts. 6703, 6729, 6741.)
"Section 2.003. APPLYING FOR NEW ROADS OR ROAD CHANGES. (a) Citizens may
apply for a new road or a change in an existing road by presenting to the commissioners court a
petition signed by:
"(1) eight landowners in the precinct if the request is for a new road or to discontinue an
existing road; or
CH 8, SEC 1
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Texas. Legislature. General and Special Laws of The State of Texas Passed By The Second Called Session of the Sixty-Eighth Legislature and the Regular Session of the Sixty-Ninth Legislature, legislative document, 1985; [Austin, Texas]. (https://texashistory.unt.edu/ark:/67531/metapth221803/m1/34/: accessed May 19, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.