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: 64
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68th LEGIS-2nd CALLED SESSION
"(b) Each petition must describe in general terms the road or roads proposed to be
constructed and in like general terms the cities, towns, and villages, if any, to be connected by the
road or roads and must name each county proposed to be included within the road
district. Each petition must request the commissioners court to order an election to determine
whether the county shall be included in the proposed road district.
"(c) On presentation of each petition, the court to which it is presented shall fix a time the
petition shall be heard, and the date of hearing must be not less than 15 nor more than 30 days
after the date of the order. The hearing shall be held at the regular meeting place of the
commissioners court in the county courthouse.
"(d) The county clerk shall immediately issue notice of the time and place of hearing. The
notice must inform all concerned persons of the time and place of hearing and of their right to
appear at the hearing and contend for or protest the ordering of the election. The notice must set
forth in substance the contents of the petition and must give the name of each county proposed
to be included within the road district. The clerk shall execute the notice by posting copies in
five public places within the county as follows: one copy at the courthouse door and one copy in
each commissioners precinct. The notice shall be posted for at least 10 days prior to the date of
the hearing. The notice shall also be published in a newspaper of general circulation, published
in the county one time, and at least five days prior to the hearing. If no newspaper is published
in the county, the posting of the notice as directed previously in this section is sufficient. The
duties imposed by this part upon the clerk may be performed by the clerk in person or by a
deputy as provided by law for similar duties.
"(e) At the time and place set for the hearing of the petition or the subsequent date as may
then be fixed, the court shall proceed to hear the petition and all matters in respect to the
proposed road district. Any interested person may appear before the court in person or by
attorney and contend for or protest the creation of the proposed road district. The hearing may
be adjourned from day to day and from time to time as the court may consider necessary. If on
the hearing of the petition it is found that the petition is signed by 50 of the qualified voters of the
county and that due notice of the hearing has been given and that the creation of the proposed
district by the consolidation of the county with the other counties named in the proceedings
would be for the benefit of all taxable property situated in the county, the court may issue and
cause to be entered of record in its minutes an order directing that an election be held within the
county. 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 15th day after the day the order is made. Notice of the
election shall be given in the same manner and for the same time required for notices of the
hearing on the petition. The elections must be held on the same date in each county.
"(f) The manner of holding the election and canvassing and making the returns shall be
governed by the general laws of this state when not in conflict with this part.
"(g) When the election for the creation of the district has been held, the officers named by the
commissioners courts of the different counties to hold the election in their respective counties
shall make returns of the election to the commissioners courts of their respective counties and
return all ballot boxes to the clerk of the commissioners court of the county. The commissioners
court of each county in the proposed road district, on receiving the returns of the election, shall
canvass the returns and certify the result of the election in the county to the county judge of the
county having the largest number of inhabitants as shown by the most recent federal census. On
receipt of the returns of the election in the different counties of the district, the county judge
designated to canvass the vote shall canvass the vote and certify the result to each county in the
proposed district. If the votes cast in each and all counties show a majority in favor of the
consolidation of the counties into a defined road district, the commissioners court of each county
shall declare the defined road district created, and the district shall be known as
Counties Road District of Texas, enumerating the counties
embraced within the district in alphabetical order. (V.A.C.S. Art. 778c.)
"Section 4.464. DIRECTORS OF DISTRICT. The county judges and county commission-
ers of the counties composing the district shall be ex officio directors of the district. They have
the same power and authority with reference to the management of the affairs of the district as
commissioners courts have in respect of road districts wholly within one county. The district
when so formed shall be a defined district within the meaning of the constitution and a body
corporate. (V.A.C.S. Art. 778d.)
"Section 4.465. PURCHASING IMPROVED ROADS. The road district may or may not
purchase or take over improved roads already constructed by any county or other road district
included in the district. In the event the road district is determined to take over or purchase the
improved roads, the take-over or purchase shall be done in conformity with the procedure
prescribed by Part 3 of this subchapter except that no petition shall be necessary. (V.A.C.S. Art.
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/m1/68/: accessed May 26, 2019), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.