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: 34
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68th LEGIS-2nd CALLED SESSION
"(c) The commissioners court shall:
"(1) make a drain on each side of a road and use the dirt from the drain excavation to build
"(2) drain public roads when necessary and have ditches cut for that purpose, taking into
account the natural waterflow and causing as little injury as possible to adjacent landowners; and
"(3) in case of damages to a landowner, assess the damages and make payment to the
landowner out of the county's general revenue; in case of disagreement, the amount of damages
may be settled by suit as in other cases.
"(d) The commissioners court may acquire by purchase or condemnation any new or wider
right-of-way not exceeding 100 feet in width for streambed diversion and drainage channels, but
only for locating, relocating, building, rebuilding, or maintaining public roads. This may be paid
out of the county road and bridge fund or out of any available funds. (V.A.C.S. Arts. 6771
(part), 6772, 6730, 6789a.)
"Section 2.103. PRIVATE DITCHES. Any owner of land abutting on the road or ditch or
the owner of any tract of land lying wholly or partially within one mile of the road or ditch may
construct at his own cost lateral drainage ditches and connect the ditches with the main ditch or
ditches constructed under this subchapter. (V.A.C.S. Art. 6789.)
"Section 2.104. PETITION FOR DRAINAGE CONSTRUCTION. Before the commis-
sioners court may order that a drainage system be constructed, a petition shall be presented to
the court that includes:
"(1) signatures of at least 100 qualified voters of the county;
"(2) a statement of the necessity for and availability of the drainage system;
"(3) the number of miles of public roads as accurately as possible;
"(4) the width and depth of the ditches to be built along the first-class roads;
"(5) the name and location of each natural waterway crossed by the county's first-class roads;
"(6) the distance of each waterway from another along the first-class road; and
"(7) the names and residences, if known, of each landowner with land adjacent to or within
one mile of each first-class road. (V.A.C.S. Art. 6773.)
"Section 2.105. HEARING NOTICE. (a) After the petition is filed, the clerk shall issue five
notices not later than the 20th day before the day on which the next regular session of the
commissioners court will convene. The notices must contain a brief statement of the petition's
contents and must command all interested persons who wish to contest the petition to appear at
the court's next regular session.
"(b) The notices are to be posted in the following manner:
"(1) one at the courthouse door; and
"(2) one each at four other public places in the county, no two of which may be in the same
city or town.
"(c) The sheriff shall post the notices and return them to the clerk on or before the first day of
"(d) The clerk shall receive $1.50 and the sheriff $3 for their services. (V.A.C.S. Art. 6774.)
"Section 2.106. HEARING. (a) At the specified time, the commissioners court shall:
"(1) consider the petition and hear all testimony for or against its provisions; and
"(2) determine whether the petition proposing the drainage system is necessary or advisable
for the public benefit.
"(b) If the court approves the petition, the court shall:
"(1) order the decision entered into the court's minutes and made part of the record; and
"(2) enter whether notice has been properly served.
"(c) If notice was properly served, the court's order is final.
"(d) If the court disapproves the petition for the drainage system, another application for the
drainage system may not be heard for one year after the date of disapproval. (V.A.C.S. Art.
"Section 2.107. SURVEY. (a) The commissioners court, following its approval of the
petition, shall hire a surveyor for a sum to be determined by the court at either the same meeting
or at any succeeding term of the court. The surveyor must be an engineer.
"(b) The surveyor shall run a line of levels along the county's public roads, measure the roads
from beginning to end, and measure the distance of each waterway crossed by a public road from
that waterway's beginning point. The survey and the drainage system shall be first applied to the
first-class roads, followed by the second-class and third-class roads.
"(c) This section does not prohibit the court from constructing one or more ditches at the
same time, as the financial condition of the county will permit. (V.A.C.S. Art. 6776.)
"Section 2.108. SURVEY: REPORT. (a) The surveyor shall:
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/m1/38/: accessed May 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.