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: 39
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68th LEGIS-2nd CALLED SESSION
without probable serious damages to the highway or if the bridge or culverts on the highway are
unsafe, under the following rules: the officer shall post notices on the highway stating the
maximum load permitted and the time the use is prohibited, and the notices shall be posted on
the highway in places that will enable the drivers to make detours to avoid the restricted
highway or portions of it.
"(h) If the owner or operator of any vehicle feels himself aggrieved by an action taken under
this subsection, he may complain in writing to the county judge of the county, setting forth the
nature of his grievance; if the complaint is filed, the judge shall set the complaint down for a day
not later than the third day after the day the complaint is filed and shall give written notice to
the county judge of the day and purpose of the hearing; the judge shall hear testimony offered by
the parties to the complaint and on conclusion of the hearing shall render judgment sustaining,
revoking, or modifying the order or notice, and the judgment is final as to the issues raised.
"(i) The owners, operators, drivers, or movers of any vehicle, object, or contrivance over a
public highway or bridge are jointly and severally responsible for all damages that the highway
or bridge may sustain as the result of negligent driving, operating, or moving of the vehicle or as
a result of operating the vehicle at a time forbidden by the road officials; the amount of the
damages may be recovered in any action at law by the county judge for the use of the county for
the benefit of the damaged road; the county attorney shall represent the county in the suit.
(V.A.C.S. Arts. 6701g, 6716.)
"Section 2.302. DETOUR ROADS. The commissioners court has the responsibility to select
and maintain detour roads and to post all necessary signs when county roads not part of the state
system of highways are under construction as provided by Chapter 25, Acts of the 41st
Legislature, Regular Session, 1929 (Article 6674o, Vernon's Texas Civil Statutes). (V.A.C.S.
Art. 6674o, Secs. 2 and 3.)
"Section 2.303. COUNTY TRAFFIC OFFICERS. (a) The commissioners court of each
county, acting in conjunction with the sheriff, may employ not more than five regular deputies,
nor more than two additional deputies for special emergencies to aid the regular deputies, to be
known as county traffic officers. The deputies shall enforce the highway laws of this state
regulating the use of the public highways by motor vehicles. The deputies shall be, whenever
practicable, motorcycle riders and shall be assigned to work under the direction of the
sheriff. They shall give bond and take oath of office as other deputies. They may be dismissed
from service on request of the sheriff whenever approved by the commissioners court or by the
court on its own initiative, whenever the deputies' services are no longer needed or have not been
satisfactory. The commissioners court shall fix the compensation of the deputies prior to their
selection and may provide at the expense of the county necessary equipment for the officers. The
pay of the deputies may not be included in the settlements of the sheriff in accounting for the fees
"(b) For the purpose of this section, the commissioners courts of counties whose funds from
the motor registration fees provided in this section amount to $30,000 or over may use an
amount not exceeding five percent of the funds. The commissioners courts of other counties may
use an amount not to exceed 7-1/2 percent of the funds from the motor registration fees.
"(c) The deputies shall at all times cooperate with the police department of each city or town
within the county in the enforcement of the traffic laws in the city or town and in all other parts
of the county. The deputies have the same right and duty to arrest violators of all laws as other
deputy sheriffs have.
"(d) Deputies shall be paid a salary out of the general county fund. The commissioners court
is hereby authorized to provide at the expense of the county the necessary uniforms, caps, and
badges, the badges to be not less than two inches by three inches in dimension, and other
necessary equipment, to include a motorcycle and its maintenance, as is necessary for them to
discharge their duties. The salaries paid to the deputies acting as highway officers shall be paid
directly to the deputies by the commissioners court. The salaries are independent of any salary
or fee paid to the sheriff and all of his deputies not so acting as highway officers, and the sheriff
shall not be required to account for the salaries provided for in this section as fees of office or as
salary to the sheriff or his other deputies. The deputies provided for in this section shall be
appointed by the commissioners court and shall be deputized by either the sheriff or any
constable of the county in which they are appointed. The deputies shall at all times when in the
performance of their duties wear a full uniform with a cap and badge, the badge to be displayed
on the outside of the uniform in a conspicuous place.
"(e) The officers shall remain in and on the highway and shall at all times patrol the highway
while in the performance of their duties, only leaving the highway to pursue an offender whom
the officers were unable to apprehend on the highway itself. No arrest by an officer is binding or
valid on the person apprehended if the officer making the arrest was in hiding or if he set a trap
to apprehend persons traveling on the highway.
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/m1/43/: accessed May 19, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.