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: 53
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68th LEGIS-2nd CALLED SESSION
"(b) All condemnation proceedings shall be instituted under the direction of the commission-
ers court and in the name of the county, and the procedure shall be the same as that set out in
Chapter 21, Property Code, as amended [Tote A - Artieles 3 64 to 271 Revied
Statutee. Appeal from the finding and assessment of damages by the commissioners appointed
for that purpose may not suspend work by the county in connection with which the land, right-
of-way, or easement is sought to be acquired. In case of appeal, counties may not be required to
give a bond for costs or other purposes. (V.A.C.S. Art. 6674n-2.)
"Section 4.303. COST OF RELOCATING OR ADJUSTING ELIGIBLE UTILITY
FACILITIES IN RIGHT-OF-WAY ACQUISITION. The county should include the cost of
relocating or adjusting eligible utility facilities in the expense of right-of-way acquisi-
tion. (V.A.C.S. Art. 6674n-3.)
"SUBCHAPTER E. PUBLIC ROAD BONDS
"PART 1. GENERAL PROVISIONS
"Section 4.401. INVESTMENT OF SINKING FUND. The commissioners court may
invest sinking funds accumulated for the redemption and payment of any bonds issued by the
county, political subdivision, road district, or defined district of the county in bonds of the
United States, of Texas, or any county in this state, or any school district or road district of this
state, or any incorporated city or town of this state, in bonds of the Federal Farm Loan Bank
system, or in war-savings certificates or certificates of indebtedness issued by the secretary of the
treasury of the United States. No bonds may be purchased that according to their terms mature
at a date subsequent to the time of maturity of the bonds for the payment of which the sinking
fund was created. (V.A.C.S. Art. 779.)
"Section 4.402. INTEREST ON INVESTMENTS. All interest on the investments shall be
applied to the sinking fund to which it belongs, and the use of the funds for any other purpose is
considered a diversion of the funds and shall be punished as provided by Section 39.01, Penal
Code. (V.A.C.S. Art. 780.)
"Section 4.403. CANCELLATION OR REVOCATION OF UNSOLD ROAD
BONDS. (a) In the event any road bonds voted or issued or any portion of the road bonds voted
or authorized by a county, political subdivision, or defined district of the county remain unsold
on September 22, 1932, the commissioners court may on its own motion or on petition of not less
than 50 or a majority of the qualified voters of the governmental entity order an election to
determine whether or not the road bonds shall be revoked or cancelled. The election shall be
ordered, held, and conducted in the same form and manner as that at which the bonds were
"(b) The result of the election, whether favorable to the cancellation of the bonds or not, shall
be duly recorded by the commissioners court and the returns and the result duly entered of
record in the minutes of the court. In the event the result of the election for the cancellation and
revocation of the unsold bonds shows that two-thirds of the qualified voters of the county,
political subdivision, or defined district of the county voting at the election have voted for the
cancellation and revocation of the unsold bonds, the commissioners court shall cancel and burn
the bonds and forward to the comptroller a certified copy of the minutes showing the destruction
and cancellation. The comptroller shall promptly cancel the registration of the bonds on the
records of his office.
"(c) When the bonds have been destroyed, the commissioners court shall readjust the existing
tax levies in the county, political subdivision, or defined district by any amount equal to that
levied or proposed to be levied for the interest and sinking fund accounts of the bonds to be
"(d) After deducting the compensation of the tax assessor, tax collector, and county treasurer
and any other claims properly chargeable against the taxes, the unexpended part of all taxes that
have been collected, with a view to the sale of the bonds as destroyed, shall be refunded to the
taxpayers ratably on order of the commissioners court. The county treasurer shall take and file
proper receipts for all funds so refunded. In the event there shall remain an unclaimed surplus of
the taxes, after a period of 20 years and after a diligent effort has been made to return the
unclaimed surplus, the surplus may be used by the county, political subdivision of the county, or
any local district that has been or may be created by any general or special law for the purpose of
the maintenance, operation, and improvement of macadamized, graveled, or paved roads as may
be determined by the commissioners court of any county or the officials of any political
subdivision of a county or any road district.
"(e) The expense of holding the election shall be paid out of the general fund of the county.
"(f) This section does not invalidate any bond election or any bonds that have been sold by
the county, political subdivision, or defined district. (V.A.C.S. Art. 784a.)
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/m1/57/: accessed May 21, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.