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: 43
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68th LEGIS-2nd CALLED SESSION
belonging to the county and placed in their hands by the court. They shall superintend the
laying out of new roads, the making or changing of roads, and the building of bridges under rules
adopted by the court.
"(b) Each commissioner shall first execute a bond of $3,000 payable to and to be approved by
the county judge for the use and benefit of the road and bridge fund, conditioned that he will
perform all the duties required of him by law or by the commissioners court and that he will
account for all money or other property belonging to the county that may come into his
"(c) Subchapters B and C of this chapter do not apply in a county in which the
commissioners court acting under Section 3.004 of this Act has adopted this subchap-
ter. (V.A.C.S. Art. 6762.)
"Section 3.002. POWERS OF THE COMMISSIONERS COURT. (a) The commissioners
court shall adopt a system for working, laying out, draining, and repairing the public roads as it
considers best, and from time to time the court may change its plan or system of working. The
court may purchase teams, tools, and machinery necessary for the working of public roads and
may construct, grade, or otherwise improve any road or bridge by contract in the manner
provided by Subchapter B of this chapter.
"(b) The commissioners court may provide the necessary houses, prisons, clothing, bedding,
food, medicine, medical attention, superintendents, and guards for the safe and humane keeping
of county convicts working on public roads. The court may provide reasonable regulations and
punishment as may be necessary to require the convicts to perform good work and may provide a
reward not to exceed $10 to be paid out of the road and bridge fund for the recapture and
delivery of any escaped convict to be paid to any person other than the guard or person in charge
of the convict at the time of his escape. (V.A.C.S. Arts. 6763 (part), 6764.)
"Section 3.003. POWERS OF EX OFFICIO ROAD COMMISSIONERS. (a) Subject to
authorization by the commissioners court, each ex officio road commissioner may employ
persons for positions in the commissioner's precinct paid from the county road and bridge funds.
Each ex officio road commissioner may discharge any county employee working in the
commissioner's precinct if the employee is paid from county road and bridge funds. Each ex
officio road commissioner also has the duties of a supervisor of public roads as provided by
Section 2.009 of this Act.
"(b) Each county commissioner, when acting as a road commissioner, shall inform himself of
the condition of the public roads in his precinct, shall determine what character of work is to be
done on the roads, and shall direct the manner of grading, draining, or otherwise improving the
roads, which directions shall be followed and obeyed by all road overseers of his precinct.
(V.A.C.S. Arts. 6763 (part), 6766.)
"Section 3.004. LAW CUMULATIVE. (a) This subchapter is cumulative of all general laws
on the subject of roads, but in case of conflict with those laws, this subchapter controls.
"(b) This subchapter applies to a county only if the commissioners court in its judgment
considers it advisable and accepts this subchapter by an order of the court made at some regular
term of the court when all the members are present. The order shall be entered in the minutes of
the court and is not void for want of form. Substantial compliance with this subsection is
sufficient. (V.A.C.S. Art. 6769.)
"SUBCHAPTER B. COURT/ROAD COMMISSIONER OR ROAD
"Section 3.101. ROAD COMMISSIONERS. (a) Each commissioners court may employ not
more than four road commissioners, who must be resident citizens of the district for which they
are employed. If more than one is employed, the district that each road commissioner is to
control shall be defined and fixed by the court. Before assuming duties, each road commissioner
must execute a bond, payable to the county judge of the county and his successors in office, in
the sum of $1,000, with one or more good and sufficient sureties, to be approved by the county
judge and conditioned on the faithful performance of his duties.
"(b)(l) A road commissioner has control over all overseers, hands, tools, machinery, and
teams to be used on the roads in his district and may require overseers to order out hands in any
number he may designate for the purpose of opening, working, or repairing roads or building or
repairing bridges or culverts in his district. He shall see that all roads and bridges in his district
are kept in good repair. Under the direction and control of the commissioners court, he shall
inaugurate a system of grading and draining public roads in his district and see that the system is
carried out by the overseers and hands under his control. He shall obey all orders of the
commissioners court. He shall be responsible for the safekeeping and liable for the loss or
destruction of all machinery, tools, or teams placed under his control, unless the loss is without
his fault, and when he is discharged he shall deliver them to the person designated by the court.
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/m1/47/: accessed May 25, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.