CHAPTER 224. ACQUISITION, CONSTRUCTION, AND MAINTENANCE

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE B. STATE HIGHWAY SYSTEM

CHAPTER 224. ACQUISITION, CONSTRUCTION, AND MAINTENANCE

SUBCHAPTER A. ACQUISITION GENERALLY

Sec. 224.001. ACQUISITION BY DEPARTMENT. The department shall

acquire by purchase, gift, or eminent domain any right-of-way

necessary for the national system of interstate and defense

highways.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.002. ACQUISITION BY COUNTY OR MUNICIPALITY GENERALLY.

(a) A county or municipality shall acquire, in the manner

provided by law, the highway right-of-way that is requested by

the department.

(b) Chapter 21, Property Code, governs the procedure for an

acquisition by eminent domain.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.003. ACQUISITION BY COMMISSIONERS COURT. (a) The

commissioners court of a county may acquire by purchase or

eminent domain any real property, including a right-of-way, or

material, including timber, earth, stone, or gravel, that the

commission determines is necessary or convenient to a state

highway to be constructed, reconstructed, maintained, widened,

straightened, or extended. Real property acquired for streambed

diversion may not exceed 100 feet in width.

(b) The commission shall furnish to the commissioners court the

plats or field notes of the real property and the description of

any required materials. After receiving the plats, notes, or

description, the commissioners court may make the acquisition in

accordance with those documents.

(c) The acquisition is on behalf of the state with title to the

State of Texas.

(d) The commissioners court may exercise the power of eminent

domain within the limits of a municipality only with the prior

consent of the municipality's governing body.

(e) The county may pay for the acquisition from the county road

and bridge fund, a special road fund, or any other available

county fund.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.004. STATE'S USE OF EMINENT DOMAIN. (a) If the

commissioners court does not acquire a right-of-way under Section

224.003, the commission shall immediately serve the commissioners

court with an order identifying the right-of-way by field notes

and requesting the commissioners court to acquire the

right-of-way.

(b) Not later than the 10th day after the date the order is

served, the commission shall direct the attorney general to

initiate eminent domain proceedings on behalf of the state to

acquire the right-of-way.

(c) Venue is in the county in which the right-of-way is located.

The district or county attorney for that county shall initiate

the eminent domain proceedings.

(d) Chapter 21, Property Code, governs the procedure for the

eminent domain proceeding except that the county judge appoints

the special commissioners.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.005. PARTICIPATION BY DEPARTMENT. (a) In the

acquisition of a right-of-way requested by the department in

cooperation with local officials for a highway designated by the

commission as a United States highway or state highway, the

department shall pay to the county or municipality not less than

90 percent of the value, as determined by the department, of the

right-of-way or the net cost of the right-of-way, whichever

amount is less.

(b) If the acquisition is by eminent domain, the participation

by the department shall be based on the final judgment if the

department has been notified in writing before the filing of the

suit and given prompt notice as to all action taken in the suit.

The department is entitled to become a party at any time for any

purpose, including the right of appeal.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.006. PAYMENT TO COUNTY OR MUNICIPALITY. (a) On

delivery to the department of acceptable instruments conveying to

the state the requested right-of-way, the department shall

prepare and transmit to the comptroller vouchers covering the

payment to the county or municipality of the department's share

of the cost of acquiring the right-of-way.

(b) The comptroller shall issue warrants on the appropriate

account covering the state's obligation as evidenced by the

vouchers.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.007. PURCHASE OF LEASE RIGHTS. (a) Before acquiring

property under this subchapter, the department may purchase the

right to lease the property to a third party.

(b) The department may make a purchase under Subsection (a) only

if the department first determines that the owner is unable to

lease or rent the property because of the impending acquisition

by the department.

(c) The consideration for the purchase of a lease right under

this section may not exceed the fair market rental value of the

property as determined by the department and shall be credited

against the total compensation due the owner when the department

acquires the property.

(d) Payment under this section may be made in periodic

increments until the property is acquired by the department. The

aggregate total of payments before acquisition may not exceed the

department's appraised value of the property.

(e) This section shall be implemented in accordance with

applicable administrative rules and policies of the department.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.008. UTILITY RELOCATION COSTS. In the acquisition of a

highway right-of-way by or for the department, the cost of

relocating or adjusting utility facilities, which cost may be

eligible under law, is a cost of the acquisition.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. CONSTRUCTION AND MAINTENANCE GENERALLY

Sec. 224.031. DUTY OF DEPARTMENT. (a) The department has

exclusive and direct control of all improvement of the state

highway system.

(b) The department shall prepare and pay for surveys, plans,

specifications, and estimates for all construction and

improvement of the state highway system.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.032. DUTY OF COMMISSION. (a) In the development and

maintenance of the state highway system, the commission shall

provide for the:

(1) efficient maintenance of the system;

(2) construction, in cooperation with the United States to the

extent of federal aid to the state, of durable highways of the

greatest public necessity;

(3) construction of highways to perfect and extend a correlated

system of state highways, independently from state funds; and

(4) construction of highways to provide access to significant

new naval military facilities and to provide for the state

highway system in impacted regions.

(b) Subsection (a) shall be implemented from funds available to

the department except that Subsection (a)(4) shall be implemented

only from the state highway fund.

(c) In this section, "significant new naval military facility"

and "impacted region" have the meanings assigned by Section 4,

Article 1, National Defense Impacted Region Assistance Act of

1985 (Article 689a-4d, Vernon's Texas Civil Statutes).

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.033. COUNTY IMPROVEMENT OF STATE SYSTEM. (a) The

commission may enter into an agreement with the commissioners

court of a county for the improvement by the county of the state

highway system.

(b) In this section, "improvement" means construction,

reconstruction, maintenance, and the making of a necessary plan

or survey before beginning construction, reconstruction, or

maintenance and includes a project or activity appurtenant to a

state highway and including drainage facilities, surveying,

traffic counts, driveways, landscaping, signs, lights, or

guardrails.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.26, eff. Sept.

1, 1997.

SUBCHAPTER C. CONTRACT WITH TRANSPORTATION CORPORATION

Sec. 224.061. DEFINITIONS. In this subchapter:

(1) "Construction" includes improvement.

(2) "Highway" includes an improvement to a highway.

(3) "Improvement" includes landscaping.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.062. AUTHORITY TO CONTRACT. The commission may

contract with a transportation corporation created by the

commission under Chapter 431 for the purpose of acquiring

highways to be constructed by the corporation.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.063. SUFFICIENCY OF FUNDS. (a) Before contracting

under this subchapter, the commission shall determine that it

will have sufficient funds available in the year of acquisition

to meet its financial obligations under the contract.

(b) Payment of any obligation in the contract is contingent on a

legislative appropriation for that purpose in the year the

obligation is due, and the contract must state that fact.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.064. TERMS AND CONDITIONS. (a) The commission shall

determine the terms of a contract under this subchapter.

(b) The contract may not extend for a period of more than six

years after the date of execution.

(c) The contract must provide that:

(1) the highway to be acquired is free of debts, liens, or other

encumbrances at the time of acquisition;

(2) the highway to be constructed meets minimum design criteria

prescribed by the commission;

(3) construction contracts are awarded through competitive

bidding to the low bidder;

(4) priority of construction is assigned to particular highway

segments;

(5) particular highway segments are opened to the public on

completion of construction under right of entry even if

consideration has not been paid by the commission; and

(6) the highway right-of-way is fully landscaped before

acquisition by the commission.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.065. CONSTRUCTION MANAGEMENT SERVICES. (a) The

commission may contract with a transportation corporation

constructing a highway for the commission to supervise the

construction of the highway and provide construction management

services for the corporation.

(b) The transportation corporation shall pay the commission for

the supervision and management services at the time the services

are provided.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.066. ADDITIONAL POWERS. In addition to the powers

granted under this subchapter, the commission has any other power

that is reasonable and necessary to allow it to contract with a

transportation corporation for the construction of a highway as

provided by this subchapter.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER D. DETOUR ROADS

Sec. 224.091. DETOUR ROAD REQUIRED. (a) If construction on a

part of the state highway system causes the closing of a road to

traffic, the department shall select, improve, and maintain an

all-weather detour road for the convenience of the public.

(b) A detour road shall be used and controlled under the same

conditions and authority as that exercised over the state highway

system.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.092. DUTIES OF COMMISSION. The commission shall

provide for the:

(1) equipment and maintenance of a detour road in a manner

adequate for the convenience and safety of normal traffic using

the road; and

(2) posting of necessary signs at each end of the detour road

for the guidance and convenience of the public.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.093. DUTY OF COUNTY. A county shall cooperate with the

commission as necessary to adequately provide for the traffic

requirements of the public in the selection and maintenance of a

detour road in the county.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER E. INTERSTATE BRIDGES

Sec. 224.121. CONDITION FOR IMPLEMENTATION. The department may

implement this subchapter only if:

(1) another state has enacted a statute providing for the

acquisition, construction, and maintenance of a bridge described

by Section 224.122 and for the use of the bridge by the public

without charge; and

(2) the bridge connects designated highways of this state and

the other state.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.122. INTERSTATE BRIDGE AUTHORIZED. The department may

spend or allocate aid from any available money to acquire,

construct, or maintain a bridge across a stream that is a

boundary between this and another state in an amount not to

exceed one-half of the amount necessary to acquire, construct, or

maintain the bridge.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Sec. 224.123. AUTHORITY TO CONTRACT. The department by the

authority of the governor may agree with appropriate departments

of an adjoining state and the United States to implement this

subchapter for the purpose of furnishing substantial bridges

across this state's boundaries for the use of the traveling

public without charge.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER F. CONGESTION MITIGATION PROJECTS AND FACILITIES

Sec. 224.151. DEFINITIONS. In this subchapter:

(1) "Congestion" means the level at which transportation system

performance is no longer acceptable because of traffic

interference. The level of acceptable system performance may vary

by type of transportation facility, geographic location, or time

of day.

(2) "Congestion mitigation" means projects and facilities used

to reduce congestion by promoting the use of carpools and

vanpools, improve air quality, conserve fuel, and enhance the use

of existing highways and facilities on the state highway system.

(3) "High occupancy vehicle" means a bus or other motorized

passenger vehicle such as a carpool or vanpool vehicle used for

ridesharing purposes and occupied by a specified minimum number

of persons.

(4) "High occupancy vehicle lane" means one or more lanes of a

highway or an entire highway where high occupancy vehicles are

given at all times, or at regularly scheduled times, a priority

or preference over some or all other vehicles moving in the

general stream of all highway traffic.

(5) "Motor vehicle" has the meaning assigned by Section 522.003.

(6) "Transportation corporation" means a transportation

corporation created by the state under Chapter 431.

(7) "Exclusive lane" means a lane of a highway or segment of a

highway the use of which is restricted to one or more designated

classifications of motor vehicle.

(8) "Low-emissions vehicle" means a vehicle that meets emissions

standards established by commission rule.

(9) "Restricted lane" includes:

(A) a high occupancy vehicle lane;

(B) a toll lane under Section 228.007; and

(C) an exclusive lane.

Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.24, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1049, Sec. 1, eff.

June 20, 2003.

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.22, eff. June 14, 2005.

Sec. 224.152. PURPOSE. (a) Subject to the availability of

state and federal funds, it is the intent of the legislature to

further the purposes of the United States Congress as expressed

in 23 U.S.C. Sections 134, 135, 146, and 149 and in Section

1012(b) of Pub. L. No. 102-240, as amended, to improve safety,

conserve fuel, decrease traffic congestion during rush hours,

improve air quality, develop innovative techniques to finance

transportation projects, and enhance the use of existing highways

and facilities.

(b) The legislature declares that it is necessary, to further

the purposes described by Subsection (a), to provide for the

participation of the department, including the expenditure of

available funds by the department, in projects and facilities for

the purpose of congestion mitigation.

Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.24, eff. Sept. 1,

1997. Amended by Acts 2003, 78th Leg., ch. 1049, Sec. 2, eff.

June 20, 2003.

Sec. 224.153. HIGH OCCUPANCY VEHICLE LANES AUTHORIZED. (a) The

department may finance, designate, design, construct, operate, or

maintain one or more lanes on a multi-lane highway facility as

dedicated high occupancy vehicle lanes on the state highway

system.

(b) The department may enter into an agreement with a transit

authority under Chapter 451, 452, or 453, a regional mobility

authority under Chapter 361, a coordinated county transportation

authority under Chapter 460, a municipality, or a transportation

corporation for the design, construction, operation, or

maintenance of a high occupancy vehicle lane.

(c) The department may authorize a motorcycle or a low-emissions

vehicle to use a high occupancy vehicle lane designated under

this section regardless of the number of persons on the

motorcycle or occupants in the vehicle.

Text of subsec. (d) as added by Acts 2003, 78th Leg., ch. 1049,

Sec. 3

(d) The department may not authorize the use of a high occupancy

vehicle lane designed, constructed, operated, or maintained under

Subsection (b) by a motorcycle or a low-emissions vehicle that is

not occupied by the required minimum number of persons if the use

would impair the receipt of federal transit funds.

Text of subsec. (d) as added by Acts 2003, 78th Leg., ch. 1331,

Sec. 23

(d) The department may not authorize vehicles addressed in

Subsection (c) to use a high occupancy vehicle lane if such use

would violate federal transit or highway funding restrictions.

Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.24, eff. Sept. 1,

1997. Amended by Acts 2001, 77th Leg., ch. 967, Sec. 5, eff.

Sept. 1, 2001; Acts 2003, 78th Leg., ch. 1331, Sec. 23, eff. June

20, 2003; Acts 2003, 78th Leg., ch. 1049, Sec. 3, eff. June 20,

2003.

Amended by:

Acts 2005, 79th Leg., Ch.

991, Sec. 1, eff. September 1, 2005.

Sec. 224.1541. EXCLUSIVE LANES. (a) The commission by order

may designate and the department may finance, design, construct,

operate, or maintain one or more lanes of a state highway

facility as exclusive lanes.

(b) The commission may designate a lane as an exclusive lane

under Subsection (a) only if the commission determines that:

(1) there:

(A) are two or more lanes adjacent to the proposed exclusive

lane for the use of vehicles other than vehicles for which the

lane is restricted; or

(B) is a multilane facility adjacent to the proposed exclusive

lane for the use of vehicles other than vehicles for which the

lane is restricted; and

(2) the use or operation of the exclusive lane is likely to

enhance safety, mobility, or air quality.

(c) The adjacent lanes or adjacent multilane facility under

Subsection (b) may be designated as exclusive lanes or an

exclusive lane facility for the use of vehicles that are

prohibited from using the exclusive lane.

Added by Acts 2003, 78th Leg., ch. 1049, Sec. 5, eff. June 20,

2003.

Sec. 224.1542. POLICE AND EMERGENCY VEHICLES. A restriction

imposed on a restricted lane under this subchapter does not apply

to a police vehicle or an authorized emergency vehicle as defined

by Section 541.201.

Added by Acts 2003, 78th Leg., ch. 1049, Sec. 6, eff. June 20,

2003.

Sec. 224.1543. TRAFFIC CONTROL DEVICES. (a) The department

shall erect and maintain official traffic control devices

necessary to implement and ensure compliance with lane

restrictions designated under this subchapter. The department, in

a contract to operate a toll lane under this subchapter, may

authorize the contracted entity to erect and maintain necessary

official traffic control devices.

(b) Section 544.004 applies to a traffic control device erected

under this section.

Added by Acts 2003, 78th Leg., ch. 1049, Sec. 6, eff. June 20,

2003.

Sec. 224.159. ADOPTION OF RULES; PRESCRIBE FORMS. The

commission shall adopt rules and prescribe forms to administer

this subchapter.

Added by Acts 1997, 75th Leg., ch. 1171, Sec. 1.24, eff. Sept. 1,

1997.