Texas Attorney General Opinion: LO94-044 Page: 4 of 8
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Honorable Frank H. Bass, Jr. - Page 4 (Lo-94-044)
We believe the foregoing provisions impose a duty on a MUD to maintain a storm
water drainage system that it has constructed or purchased and that it has not alienated)
In our hypothetical, however, Montgomery County has accepted the MUD's plat
dedication of the road, but the language of the dedication is silent as to the underground
storm sewer. You ask us to advise you regarding the extent to which the county is
obligated to maintain and repair the sewer. Your request for advice raises various related
questions: Does Montgomery County have any obligation at all? Is the county obligated
to maintain the sewer at its current flow capacity, which will drain the abutting land as
well as the roadway? Is the county obligated only to maintain the sewer sufficiently to
drain the roadway without any obligation to ensure continued drainage of the abutting
land?
Montgomery County is authorized and obligated by statute to maintain the public
roads within its boundaries. Section 81.028 of the Local Government Code provides in
part:
Each commissioners court may:
(1) establish public ferries whenever the public interest may
require;
(2) lay out and establish, change, discontinue, close,
abandon, or vacate public roads and highways;
(3) build bridges and keep them in repair;
(4) appoint road overseers and apportion hands; [and]
(5) exercise general control owr all roads, highways,
ferries, and bridges in their couties .... [Emphasis added.]
V.T.C.S. article 6702-1, section 2.002 provides in part:
(a) The commissioners court shall:
(1) order that public roads be laid out, opened, discontinued,
closed, abandoned, vacated, or altered except that:
(A) a public road may not be scontinued until a new road
designated by the commissioners court as a replacement road is ready
to replace it;
.. and
tWe de not decide whether a MUD has aurtrity to sel or otherwise alienate necasary stonm
water drainap facilities. Bi e Water Code 54.214 (srplus and annde property aa MUD may be
md or exchanged for other propeny).
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Texas. Attorney-General's Office. Texas Attorney General Opinion: LO94-044, text, May 2, 1994; (https://texashistory.unt.edu/ark:/67531/metapth276433/m1/4/: accessed April 24, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.