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: 33
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68th LEGIS-2nd CALLED SESSION
the road when necessary, the gates to be not less than 10 feet wide and free of obstructions at the
"(g) Any person placing a gate on or across any third-class road or on or across any road
designated by Section 2.006 of this Act shall be required to keep the gate and the approaches to it
in good order. The gate shall be not less than 10 feet wide and so constructed as to cause no
unnecessary delay to the traveling public in opening and shutting the gate. The person shall
provide a fastening to hold the gate open until the passengers go through; the person shall place a
permanent hitching post and stile block on each side of and within 60 feet of the gate. Any
person who places a gate on or across a third-class road or on or across any road designated by
Section 2.006 and who shall wilfully or negligently fail to comply with any requirement of this
section commits an offense and shall be fined not less than $5 nor more than $20 for each
offense, and each week of failure is a separate offense. Whoever wilfully or negligently leaves
open any gate on or across any third-class road or on or across any road so designated by Section
2.006 of this Act commits an offense and shall be fined as previously provided by this
section. (V.A.C.S. Arts. 6704, 6712, 6712a.)
"Section 2.008. ABANDONED ROADS. (a) Whenever the use of a county road has
become so infrequent that the adjoining landowner or landowners have enclosed the road with a
fence and the road has been continuously under fence for a period of 20 years or more, the public
has no further easement or right to use the road unless and until the road is reestablished in the
same manner as required for the establishment of a new road.
"(b) This section does not apply to roads to a cemetery or access roads reasonably necessary
to reach adjoining land. (V.A.C.S. Art. 6703a.)
"Section 2.009. COMMISSIONERS AS ROAD SUPERVISORS. (a) Except when road
commissioners are employed, the county commissioners shall be supervisors of public roads in
their respective counties, and each commissioner shall supervise the public roads within his
commissioner's precinct once each month. He shall also make a sworn report to each regular
term of the commissioners court held in his county during the year, showing:
"(1) the condition of all roads and parts of roads in his precinct;
"(2) the condition of all culverts and bridges;
"(3) the amount of money remaining in the hands of overseers subject to be expended on the
roads within his precinct;
"(4) the number of mileposts and fingerboards defaced or torn down;
"(5) what, if any, new roads of any kind should be opened in his precinct and what, if any,
bridges, culverts, or other improvements are necessary to place the roads in his precinct in good
condition and the probable cost of the improvements; and
"(6) the name of every overseer who has failed to work on the roads or who in any way
neglected to perform his duty.
"(b) The report shall be spread on the minutes of the court to be considered in improving
public roads and determining the amount of taxes levied for public roads.
"(c) The supervisor's report shall be submitted, together with all contracts made by the court
since its last report for any work on any road, to the grand jury at the first term of the district
court occurring after the report is made to the commissioners court. (V.A.C.S. Arts. 6713,
"SUBCHAPTER B. DRAINAGE ON PUBLIC ROADS
"Section 2.101. PUBLIC ROADS. For the purposes of this subchapter, roads and highways
that have not been discontinued but have been laid out and established according to law,
including all roads and highways that have been opened to and used by the public for 10 years
prior to March 25, 1897, are declared to be public roads. (V.A.C.S. Art. 6771 (part).)
"Section 2.102. COURT AUTHORITY. (a) The commissioners court may order at any
regular session after complying with the provisions of this subchapter the construction and
maintenance of ditches, drains, and watercourses as provided by this subchapter. These ditches,
drains, and watercourses, hereinafter called ditches, shall be placed on or within the exterior
lines of all public roads within the county and shall have the capacity to carry off into natural
waterways all surface water reasonably adjacent and liable to collect in the ditches from natural
"(b) In connection with this authority to construct and maintain ditches, the commissioners
court may construct any side, lateral, spur, branch ditch, or watercourse necessary. However:
"(1) a ditch may not be constructed without an outlet to a natural waterway large enough to
carry off all water that may collect in the ditch; and
"(2) a commissioners court or its employee may not change the natural course of any branch,
creek, or stream; branches, creeks, or streams shall cross public roads at the water's natural
crossing; culverts shall be of sufficient size to allow water to flow at high tide from its
intersection with the road across its natural outflow at the opposite natural channel.
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/m1/37/: accessed May 23, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.