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.