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: 49
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68th LEGIS-2nd CALLED SESSION
"Section 4.003. COUNTY ROAD AND BRIDGE FUND. (a) Article VIII, Section 9, of
the Texas Constitution, as amended, gives counties the authority to establish a county road and
bridge fund and to use a portion of its general revenue as a source of money for the fund, subject
to the limitation on tax rates described in that article. That article, with limitations, permits
counties to levy an additional tax for the road and bridge fund if that tax is approved by the
voters in a manner described by Section 4.102 of this Act.
"(b) Money in the road and bridge fund may be spent only by order of the commissioners
court, except when otherwise provided, and only for working public roads or building
bridges. The court may make the necessary orders for utilizing the money and for using convict
labor for these purposes.
"(c) The county's share of funds collected from the registration of motor vehicles that is
deposited in the county road and bridge fund shall be determined according to Chapter 88,
General Laws, Acts of the 41st Legislature, 2nd Called Session, 1929, as amended (Article
6675a-10, Vernon's Texas Civil Statutes), or a future law. (Tex. Const. Art. VIII, Sec. 9;
V.A.C.S. Arts. 6736, 6675a-10.)
"SUBCHAPTER B. TAXES
"Section 4.101. AUTHORITY TO LEVY TAX. The commissioners court of each county
may levy a tax, part of the revenue from which may be used to establish the road and bridge
fund, as long as the limitations in Article VIII, Section 9, of the Texas Constitution, as amended,
are observed. (See source law for Section 4.003.)
"Section 4.102. SPECIAL ROAD TAX. (a) On presentation to the commissioners court at
any regular session of a petition signed by 200 qualified voters of the county or a petition of 50
persons so qualified in any political subdivision or defined district of the county requesting the
election, the court shall order an election to determine whether the county shall levy a road tax
not to exceed 15 cents on the $100 value of property under the provisions of the amendment of
1889 to the constitution of the State of Texas, adopted in 1890. The court may act on the
petition without notice and may make an order for the election, fixing the amount to be levied,
not to exceed 15 cents on the $100. The court shall order the election to be held on the next
uniform election date authorized by Section 9b, Texas Election Code, as amended (Article 2.01b,
Vernon's Texas Election Code), that occurs after the 20th day after the day the order is
made. On a petition signed by a majority of the qualified voters of any portion of any county or
of any political subdivision of any county to the court requesting that the portion of the county
or political subdivision be created as a defined district, the court shall declare the territory a
defined district and record the order for the district in the minutes of the court. The petition
must define by metes and bounds the territory desired to be incorporated in the defined district.
"(b) No formal notice need be given of the election, but the county judge shall issue an
election proclamation. Notice of the election shall be published in the newspapers of the county
or political subdivision or defined district as fully as practicable. Ballots for the election shall be
printed by the county and sent to each voting precinct by the county judge before the election
opens and as long before that time as practicable. The ballots shall be printed to provide for
voting for or against the proposition: 'Adopting a road tax.' The expenses of the election shall be
paid for by the county. The special election shall be conducted as other elections to the extent
practicable. The officers to conduct the same shall be appointed as in other cases. Only qualified
voters in the county or political subdivision or defined district shall be permitted to vote at the
"(c) If at the election a majority of the qualified voters voting on the question vote for the tax,
it is not necessary to make further proclamation of that fact than to count the votes, as in other
cases, and officially announce the result, and the commissioners court shall then levy a road tax,
in the same manner that other taxes are levied, in the amount specified in the order for the
election. The levy shall be made at the same time other county taxes are levied, if the election is
held in time for that action. Otherwise, it may be made at any time before the rolls are made
out. If at the election, the proposition for the tax shall carry, no petition for its repeal shall be
granted in less than two years. But if it fails to carry, another petition may be granted in one
year, but not sooner, and the order granting the second or any subsequent petition may fix a
greater or lesser rate of levy, but not to exceed 15 cents on the $100 worth of property. If no
greater rate is levied for any one year the commissioners court may lower the rate for the next
year without a petition for that action. An election to repeal the levy may be ordered and held as
in other cases, but there must be satisfactory proof presented to the commissioners court that
there is great dissatisfaction with the tax and that it is probable that a majority of the citizens of
the county or political subdivision or defined district who are authorized to vote for the tax
would vote for the repeal of the law. Unless the proof is made, the petition to repeal shall be
"(d) No bonds may be issued under this subchapter. (V.A.C.S. Arts. 6790, 6791, 6792, 6793.)
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/m1/53/: accessed May 26, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.