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: 45
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68th LEGIS-2nd CALLED SESSION
the best contract possible for labor or machinery and in payment for the labor or machinery he
shall issue to the entitled person his certificate showing the amount due and the purpose for
which it was given. On approval by the commissioners court, a warrant shall be issued to the
person, to be paid by the county treasurer out of the proper fund as other warrants. The
certificates shall be dated, numbered, and signed by the road superintendent, and he and the
sureties on his official bond shall be liable for all loss or damages caused by the wrongful issue of
a certificate or any extravagance in the amount of a certificate.
"(5) If the court so directs, each superintendent shall divide his county or precinct into road
districts of convenient size to be approved by the court and shall define the boundaries of the
districts and shall designate the districts by number. The boundaries shall be recorded in the
minutes of the commissioners court. He shall ascertain the names of all persons subject to road
duty in each district and keep a record of the persons and report the record to the commissioners
"(c) Each road superintendent shall, not later than the 20th day after the day of his
appointment, take and subscribe the oath required by the constitution and give bond payable to
and to be approved by the county judge. The bond must be in the sum fixed by the
commissioners court and must be conditioned that the road superintendent will faithfully
perform all the duties required of him by law or the commissioners court and that he will pay out
and disburse the funds subject to his control as the law provides or the court directs.
"(d) Each road superintendent's salary shall be paid on the order of the court at stated
intervals. The court may suspend the salary of any superintendent whose continued services are
"(e)(l) The commissioners court is authorized to purchase or hire all necessary road
machinery, tools, implements, teams, and labor required to grade, drain, or repair the roads of
the county. The court may make all reasonable and necessary orders and regulations not in
conflict with law for laying out, working, and otherwise improving the public roads, utilize the
labor and money expended on the roads, and enforce the orders and regulations.
"(2) The commissioners court may, when considered best, construct, grade, gravel, or
otherwise improve any road or bridge by contract, advertise for bids, and reject any bid. The
contract shall be awarded to the lowest responsible bidder, who shall enter into bond with good
and sufficient sureties payable to and to be approved by the county judge, in a sum determined
by the court, conditioned on the faithful compliance with the contract. At the time of making
the contract the court shall direct the county treasurer to pass the amount of money stipulated in
the contract to a particular fund and to keep a separate account of the money. The money may
be used for no other purpose and can only be paid out on the order of the court. (V.A.C.S. Arts.
6743, 6744, 6745, 6746, 6747, 6748, 6750, 6751, 6752, 6753.)
"Section 3.103. DONATIONS. The commissioners court or road commissioners may accept
donations of money, land, labor, equipment, or any other kind of property or material to aid in
building or maintaining roads in the county. (V.A.C.S. Arts. 6742 (part), 6754 (part).)
"Section 3.104. INJURING PROPERTY. Any person who knowingly or wilfully destroys,
injures, or misplaces any bridge, culvert, drain, sewer, ditch, signboard, or milepost or anything
of like character placed on any road for the benefit of the road is liable to the county and any
person injured for all damages caused by that action. (V.A.C.S. Art. 6757.)
"Section 3.105. PERSON AUTHORIZED TO DRAIN LAND ALONG PUBLIC
ROAD. (a) The commissioners court, a road commissioner, or a road superintendent may
authorize a person to make a drain along a public road for the purpose of draining the person's
land. The road superintendent must have the concurrence of the commissioners court to grant
"(b) The person shall make the drain under the direction of the commissioners court, road
commissioner, road superintendent, or another person designated by the commissioners
court. (V.A.C.S. Arts. 6742 (part), 6754 (part).)
"Section 3.106. LAW CUMULATIVE. This subchapter is cumulative of all other general
laws on the subject of roads and bridges but in case of conflict with those laws, this subchapter
controls. (V.A.C.S. Art. 6760.)
"Section 3.107. COUNTIES EXEMPT FROM APPLICATION OF THIS LAW. The
counties of Angelina, Aransas, Blanco, Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas,
Delta, DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg, Harris, Harrison,
Henderson, Hill, Hopkins, Houston, Jack, Jackson, Jasper, Lamar, Lavaca, Limestone,
McLennan, Milam, Montgomery, Morris, Nacogdoches, Newton, Panola, Parker, Rains, Red
River, Refugio, Sabine, San Augustine, Shelby, Smith, Tarrant, Titus, Travis, Trinity, Tyler,
Upshur, Van Zandt, Victoria, Washington, and Wood are exempt from this subchap-
ter. However, the commissioners courts of Dallas and Collin counties may accept and adopt this
subchapter instead of the special acts for Dallas or Collin county, if in its judgment, the
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/m1/49/: accessed May 21, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.