CHAPTER 252. SYSTEMS OF COUNTY ROAD ADMINISTRATION
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 252. SYSTEMS OF COUNTY ROAD ADMINISTRATION
SUBCHAPTER A. EX OFFICIO ROAD COMMISSIONER SYSTEM
Sec. 252.001. ADOPTION OF EX OFFICIO ROAD COMMISSIONER SYSTEM.
(a) The commissioners court of a county may adopt this
subchapter by an order made at a regular term of the court when
all the members are present.
(b) The commissioners court shall enter the order in its
minutes. The order is not required to be in any particular form,
and substantial compliance with this section is sufficient.
(c) If the commissioners court adopts this subchapter,
Subchapters B, C, and D do not apply to the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.002. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW. If this
subchapter conflicts with a general law relating to roads, this
subchapter controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.003. EX OFFICIO ROAD COMMISSIONERS. A county
commissioner is the ex officio road commissioner of the county
commissioner's precinct.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.004. BOND. (a) Before assuming the duties of an ex
officio road commissioner, a county commissioner must execute a
bond in the amount of $3,000 payable to the county judge for the
use and benefit of the county road and bridge fund. The bond must
be conditioned that the member will:
(1) perform the duties required of the ex officio road
commissioner by law or by the commissioners court; and
(2) account for the money or other property belonging to the
county that comes into the commissioner's possession.
(b) To be effective, the bond must be approved by the county
judge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.005. POWERS AND DUTIES OF COMMISSIONERS COURT. (a)
The commissioners court shall adopt a system for laying out,
working on, draining, and repairing the public roads.
(b) The commissioners court may purchase vehicles, tools, and
machinery necessary for working on public roads and may
construct, grade, or otherwise improve a road or bridge by
contract in the manner provided by Section 252.213.
(c) The commissioners court may provide reasonable rules and
punishment as necessary to require inmates of county jails to
work well on public roads and may provide a reward not to exceed
$10 to be paid out of the county road and bridge fund for the
recapture and delivery of an escaped inmate to be paid to any
person other than the person in charge of the inmate at the time
of the escape.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.006. POWERS AND DUTIES OF EX OFFICIO ROAD
COMMISSIONERS. (a) Under the direction of the commissioners
court, an ex officio road commissioner is responsible for the
vehicles, tools, and machinery belonging to the county and placed
in the commissioner's control by the court.
(b) Under rules adopted by the commissioners court, an ex
officio road commissioner shall direct the:
(1) laying out of new roads;
(2) construction or changing of roads; and
(3) building of bridges.
(c) Subject to authorization by the commissioners court, an ex
officio road commissioner may employ persons for positions in the
commissioner's precinct to be paid from the county road and
bridge fund.
(d) An ex officio road commissioner may discharge any county
employee working in the commissioner's precinct who is paid from
the county road and bridge fund.
(e) An ex officio road commissioner has the duties of a
supervisor of public roads as provided by Sections 251.004 and
251.005.
(f) An ex officio road commissioner shall:
(1) determine the condition of the public roads in the
commissioner's precinct;
(2) determine the character of work to be done on the roads; and
(3) direct the manner of grading, draining, or otherwise
improving the roads.
(g) A road overseer shall follow a direction given under
Subsection (f)(3).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. ROAD COMMISSIONER SYSTEM
Sec. 252.101. SUBCHAPTER NOT APPLICABLE TO CERTAIN COUNTIES.
(a) This subchapter does not apply to Angelina, Aransas, Blanco,
Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas, Delta,
DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg,
Harris, Harrison, Henderson, Hill, Hopkins, Houston, Jack,
Jackson, Jasper, Lamar, Lavaca, Limestone, McLennan, Milam,
Montgomery, Morris, Nacogdoches, Newton, Parker, Rains, Red
River, Refugio, Sabine, San Augustine, Shelby, Smith, Tarrant,
Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria,
Washington, or Wood County.
(b) Notwithstanding Subsection (a), the commissioners court of
Collin, Dallas, or Van Zandt County may adopt this subchapter
instead of the special law for that county if the court
determines that this subchapter is better suited to that county
than the special law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 917, Sec. 2, eff. Sept. 1,
1997; Acts 1997, 75th Leg., ch. 1431, Sec. 2, eff. Sept. 1, 1997.
Sec. 252.102. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW. If this
subchapter conflicts with a general law relating to roads and
bridges, this subchapter controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.103. ROAD COMMISSIONERS. (a) A commissioners court
may employ not more than four road commissioners.
(b) A road commissioner must be a resident of the district for
which the road commissioner is employed.
(c) If the commissioners court employs more than one road
commissioner, the court shall determine the district each road
commissioner controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.104. BOND OF ROAD COMMISSIONER. (a) Before assuming
the duties of a road commissioner, a road commissioner must
execute a bond with one or more good and sufficient sureties
payable to the county judge in the amount of $1,000, conditioned
on the faithful performance of the road commissioner's duties.
(b) To be effective, the bond must be approved by the county
judge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.105. POWERS AND DUTIES OF ROAD COMMISSIONER. (a) A
road commissioner controls the overseers, laborers, tools,
machinery, and vehicles to be used on the roads in the road
commissioner's district and may require overseers to deploy
laborers that the road commissioner designates to open, work on,
or repair roads or to build or repair bridges or culverts in the
district.
(b) A road commissioner shall:
(1) ensure that the roads and bridges in the district are kept
in good repair;
(2) under the control of the commissioners court, establish a
system of grading and draining public roads in the district and
ensure that the system is carried out by the overseers and
laborers under the road commissioner's control;
(3) under the direction of the commissioners court, spend the
money entrusted to the road commissioner by the court in the most
economical and advantageous manner on the public roads, bridges,
and culverts of the district; and
(4) put the inmates and other laborers furnished by the
commissioners court to work.
(c) A road commissioner is responsible for the safekeeping of
and is liable for the loss or destruction of the machinery,
tools, or vehicles placed under the road commissioner's control
unless the road commissioner was not at fault. When discharged,
the road commissioner shall deliver those items to the person
designated by the commissioners court.
(d) Inmates may not be required to work when there is available,
after building and repairing bridges, a sufficient road fund to
provide for the necessary work on the roads.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.106. SUPERVISION OF ROAD COMMISSIONER BY COMMISSIONERS
COURT. (a) A road commissioner shall obey the orders of the
commissioners court.
(b) A road commissioner's acts are subject to the control,
supervision, orders, and approval of the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.107. REPORT OF ROAD COMMISSIONER. (a) At each regular
term of the commissioners court, a road commissioner shall give a
report under oath to the court that:
(1) includes an itemized account of the money the road
commissioner has received to be spent on roads and bridges and
the use made of the money;
(2) describes the condition of the roads, bridges, and culverts
in the road commissioner's district; and
(3) includes any other information the court requires.
(b) The road commissioner shall make other reports at any time
the commissioners court requires.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.108. USE OF COUNTY ROAD AND BRIDGE FUND. (a) In a
county that employs road commissioners under this subchapter, the
commissioners court shall ensure that the county road and bridge
fund is judiciously and equitably spent on the roads and bridges
in the county. As nearly as the condition and necessity of the
roads permit, the fund shall be spent in each county
commissioner's precinct in proportion to the amount of money in
the fund collected in the precinct.
(b) In a county that employs road commissioners under this
subchapter, money used in building permanent roads must first be
used on:
(1) first-class or second-class roads; and
(2) roads for which the right-of-way has been furnished free of
cost to make as straight a road as is practicable and for which
the residents have offered the greatest amount of labor, money,
or other property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.109. DONATIONS. A commissioners court or the road
commissioners may accept donations of labor, money, or other
property to aid in building or maintaining roads in the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.110. LIABILITY FOR PROPERTY DAMAGE OR MISPLACEMENT. A
person who knowingly or wilfully damages or misplaces a bridge,
culvert, drain, sewer, ditch, sign, milepost, or similar thing
placed on a road to benefit the road is liable to the county and
any injured person for damages caused by the person's conduct.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.111. DRAINAGE ALONG PUBLIC ROAD. (a) A commissioners
court or road commissioner may authorize a person to make a drain
along a public road to drain the person's property.
(b) The person must make the drain under the direction of the
commissioners court, road commissioner, or a person designated by
the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. ROAD SUPERINTENDENT SYSTEM
Sec. 252.201. SUBCHAPTER NOT APPLICABLE TO CERTAIN COUNTIES.
(a) This subchapter does not apply to Angelina, Aransas, Blanco,
Bowie, Calhoun, Camp, Cass, Cherokee, Comal, Dallas, Delta,
DeWitt, Fayette, Franklin, Galveston, Gillespie, Grayson, Gregg,
Harris, Harrison, Henderson, Hill, Hopkins, Houston, Jack,
Jackson, Jasper, Lamar, Lavaca, Limestone, McLennan, Milam,
Montgomery, Morris, Nacogdoches, Newton, Parker, Rains, Red
River, Refugio, Sabine, San Augustine, Shelby, Smith, Tarrant,
Titus, Travis, Trinity, Tyler, Upshur, Van Zandt, Victoria,
Washington, or Wood County.
(b) Notwithstanding Subsection (a), the commissioners court of
Collin or Dallas County may adopt this subchapter instead of the
special law for that county if the court determines that this
subchapter is better suited to that county than the special law.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1431, Sec. 3, eff. Sept. 1,
1997.
Sec. 252.202. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW. If this
subchapter conflicts with a general law relating to roads and
bridges, this subchapter controls.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.203. ADOPTION OF SUBCHAPTER AND APPOINTMENT OF ROAD
SUPERINTENDENTS. (a) The commissioners court of a county may
adopt this subchapter by appointing a road superintendent for the
county or one superintendent in each county commissioner's
precinct by an order made at a regular term of the court.
(b) The commissioners court shall enter the order in its
minutes. The order is not required to be in any particular form,
and substantial compliance with this section is sufficient.
(c) A road superintendent must be a qualified voter of the
county or precinct for which the road superintendent is
appointed.
(d) A road superintendent holds office for two years unless
removed by the commissioners court for good cause.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.204. OATH AND BOND OF ROAD SUPERINTENDENT. (a) Not
later than the 20th day after the date of appointment, a road
superintendent must:
(1) take and subscribe to the oath required by the constitution;
and
(2) give a bond payable to the county judge in an amount fixed
by the commissioners court, conditioned that the road
superintendent will:
(A) faithfully perform the duties required of the road
superintendent by law or the commissioners court; and
(B) disburse money under the road superintendent's control as
the law provides or the commissioners court directs.
(b) To be effective, the bond must be approved by the county
judge.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.205. POWERS AND DUTIES OF ROAD SUPERINTENDENT. (a)
Subject to the orders of the commissioners court, a road
superintendent has general supervision over the public roads in
the road superintendent's county or precinct and the county
inmates working on the roads.
(b) A road superintendent shall:
(1) perform the duties of supervisor imposed on the county
commissioners in counties not adopting this subchapter;
(2) direct the laying out, constructing, changing, and repairing
of roads and the building of bridges in the road superintendent's
county or precinct, except where otherwise contracted;
(3) take charge of and be responsible for the safekeeping of the
tools, machinery, and vehicles placed under the road
superintendent's control by the commissioners court, execute a
receipt for an item described by this subdivision, and file the
receipt with the county clerk;
(4) ensure that the roads and bridges in the road
superintendent's county or precinct are kept in good repair;
(5) under the direction of the commissioners court, establish
and carry out a system of working on, grading, and draining the
public roads in the road superintendent's county or precinct;
(6) employ a sufficient force to enable the road superintendent
to do the necessary work in the road superintendent's county or
precinct, giving due regard to the condition of the county road
and bridge fund and the work to be done;
(7) buy or hire tools, machinery, and vehicles as directed by
the commissioners court;
(8) work on the roads in the manner directed by the
commissioners court;
(9) perform any other service required by the commissioners
court; and
(10) on leaving office, deliver all money and other property to
the person the commissioners court directs.
(c) Notwithstanding Subsection (a), the commissioners court may
employ a person to supervise the inmates and direct the work to
be done by them.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.206. LIABILITY OF ROAD SUPERINTENDENT. A road
superintendent is liable for:
(1) the loss, injury, or destruction of machinery or a tool or
vehicle placed under the road superintendent's control by the
commissioners court unless the road superintendent was not at
fault; and
(2) the improper expenditure of any money for roads entrusted to
the road superintendent.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.207. REPORT OF ROAD SUPERINTENDENT. (a) A road
superintendent shall make a sworn report to the commissioners
court at each regular term of the court showing:
(1) an itemized account of the money the road superintendent has
received belonging to the road fund;
(2) the person from whom the money was received;
(3) the use the road superintendent has made of the money;
(4) the condition of the roads and bridges in the county or
precinct; and
(5) any other matter on which the court requires information.
(b) A road superintendent shall make other reports as required
by the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.208. SUPERVISION OF ROAD SUPERINTENDENT BY
COMMISSIONERS COURT. Work performed under a road superintendent
is subject to the general supervision of the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.209. CONTRACTS BY ROAD SUPERINTENDENT; PAYMENT. (a) A
road superintendent shall make the best contract possible for
labor or machinery and in payment for the labor or machinery
shall issue to the person entitled to payment a certificate
showing the amount due and the purpose for which the certificate
was given.
(b) The certificate shall be dated, numbered, and signed by the
road superintendent.
(c) The road superintendent and the sureties on the road
superintendent's official bond are liable for the damages caused
by:
(1) the wrongful issuance of a certificate; or
(2) an extravagance in the amount of a certificate.
(d) On approval by the commissioners court, a warrant shall be
issued to the person entitled to payment to be paid by the county
treasurer out of the proper fund in the same manner as other
warrants.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.210. DIVISION OF COUNTY OR PRECINCT INTO ROAD
DISTRICTS. (a) If the commissioners court directs, a road
superintendent shall:
(1) divide the road superintendent's county or precinct into
road districts of convenient size;
(2) define the boundaries of the districts; and
(3) designate the districts by number.
(b) To be effective, the districts must be approved by the
commissioners court.
(c) The boundaries shall be recorded in the minutes of the
commissioners court.
(d) The road superintendent shall:
(1) determine the names of the persons subject to road duty in
each district;
(2) keep a record of the names of the persons; and
(3) report the record to the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.211. SALARY OF ROAD SUPERINTENDENT. (a) A road
superintendent's salary shall be paid at stated intervals on the
order of the commissioners court.
(b) The commissioners court may suspend the salary of a road
superintendent whose services are no longer needed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.212. POWERS OF COMMISSIONERS COURT. In a county that
appoints one or more road superintendents, the commissioners
court may:
(1) purchase or hire the road machinery, tools, vehicles, and
labor required to grade, drain, or repair the roads of the
county;
(2) use labor and spend money on the roads; and
(3) adopt and enforce reasonable and necessary orders and rules
for laying out, working on, and improving the public roads.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.213. CONTRACTS BY COMMISSIONERS COURT; PAYMENT. (a)
In a county that appoints one or more road superintendents, the
commissioners court by contract may construct, grade, gravel, or
otherwise improve a road or bridge.
(b) At the time the contract is made, the commissioners court
shall direct the county treasurer to:
(1) transfer the amount of money stipulated in the contract to a
particular fund; and
(2) keep a separate account of the money.
(c) The money may be used only for payment under the contract
and may be paid only on the order of the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.214. DONATIONS. A commissioners court may accept
donations of labor, money, or other property to aid in building
or maintaining roads in the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.215. LIABILITY FOR PROPERTY DAMAGE OR MISPLACEMENT. A
person who knowingly or wilfully damages or misplaces a bridge,
culvert, drain, sewer, ditch, sign, milepost, or similar thing
placed on a road to benefit the road is liable to the county and
any injured person for damages caused by the person's conduct.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.216. DRAINAGE ALONG PUBLIC ROAD. (a) A commissioners
court or, with the approval of the commissioners court, a road
superintendent may authorize a person to make a drain along a
public road to drain the person's property.
(b) The person must make the drain under the direction of the
commissioners court, road superintendent, or a person designated
by the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER D. COUNTY ROAD DEPARTMENT SYSTEM
Sec. 252.301. ADOPTION OF COUNTY ROAD DEPARTMENT SYSTEM. (a) A
county may adopt this subchapter at an election held as provided
by this section.
(b) The commissioners court shall submit the question of whether
to adopt this subchapter to the voters of the county if it
receives a petition signed by a number of registered voters of
the county equal to at least 10 percent of the number of votes
received in the county by all the candidates for governor in the
most recent gubernatorial election. The court shall order the
election to be held on the first authorized uniform election date
prescribed by Subchapter A, Chapter 41, Election Code, that
occurs after the 30th day after the date the petition is filed
with the court. The ballot for the election shall be printed to
permit voting for or against the proposition: "Adopting the
Optional County Road System in _______ County."
(c) If the majority of the votes received in the election favor
adoption, this subchapter takes effect in the county on the date
the official result of the election is determined.
(d) A county that votes to adopt this subchapter may vote in the
same manner to discontinue use of this subchapter.
(e) An election on the question of adopting or discontinuing use
of this subchapter may not be held more often than every two
years.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.302. ORGANIZATION OF SYSTEM. (a) The county road
department is responsible for the construction and maintenance of
county roads.
(b) The county road department includes:
(1) the commissioners court as the policy-making body;
(2) the county road engineer as the chief executive officer;
(3) other administrative personnel; and
(4) road employees.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.303. COUNTYWIDE SYSTEM. In a county that adopts this
subchapter, the construction and maintenance of county roads, the
ownership and use of county road department equipment, materials,
and supplies, and the administration of the county road
department are to be based on the county as a whole without
regard to commissioners' precincts.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.304. COUNTY ROAD ENGINEER OR ROAD ADMINISTRATOR. (a)
The commissioners court shall appoint a county road engineer, who
must:
(1) be a licensed professional engineer experienced in road
construction and maintenance; and
(2) meet the qualifications required by the Texas Department of
Transportation for its district engineers.
(b) If the commissioners court is unable to employ a licensed
professional engineer, it may employ a county road administrator
to perform the duties of the county road engineer. The county
road administrator must have had experience in road building or
maintenance or other types of construction work qualifying the
person to perform the duties of the position but need not have
had any particular amount of professional training or experience
in engineering work.
(c) For purposes of this subchapter, a reference in another
section of this subchapter to the county road engineer means the
county road administrator.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.305. OATH; BONDS. (a) A county road engineer must
take the official oath of office.
(b) As required by the commissioners court, the county road
engineer and other administrative personnel of the county road
department must give a bond in an amount and with a surety
approved by the commissioners court. The county shall pay the
premiums on the bond.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.306. SALARY OF COUNTY ROAD ENGINEER. A county road
engineer shall receive an annual salary to be paid in equal
monthly installments out of the county road and bridge fund.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.307. TERM AND REMOVAL. (a) A county road engineer
holds the position for an indefinite term.
(b) A county road engineer may be removed by a majority vote of
the commissioners court. The removal takes effect on the 30th day
after the date the county road engineer receives written notice
that the court intends to remove the engineer. The court shall
hold a public hearing on the removal before the removal takes
effect if the county road engineer requests a hearing in writing.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.308. COUNTY ROAD ENGINEER UNABLE TO PERFORM DUTIES. A
commissioners court may designate a qualified administrative
officer to perform the county road engineer's duties during any
period in which the county road engineer is absent or unable to
perform those duties.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.309. POWERS AND DUTIES OF COUNTY ROAD ENGINEER. (a)
The county road engineer is responsible to the commissioners
court for the efficient and economical construction and
maintenance of the county roads.
(b) The county road engineer may:
(1) appoint for an indefinite term and remove the county road
department's personnel, subject to the approval of the
commissioners court; and
(2) authorize administrative personnel to employ and remove
subordinates.
(c) Except for the purpose of inquiry, the commissioners court
shall deal with the county road department's personnel through
the county road engineer.
(d) The county road engineer shall attend all meetings of the
commissioners court relating to county road matters and may
participate in the discussions and make recommendations.
(e) The county road engineer shall:
(1) ensure that the policies of the commissioners court relating
to county roads are faithfully executed;
(2) supervise the administration of the county road department;
(3) prepare detailed annual budget estimates for the
construction and maintenance of the county roads and the
operation of the county road department;
(4) prepare estimates and specifications for the equipment,
materials, supplies, and labor necessary for the construction and
maintenance of the county roads and the operation of the county
road department;
(5) serve as custodian of the equipment, materials, and supplies
belonging to the county road department;
(6) prepare plans and specifications for county road
construction and maintenance;
(7) maintain cost-accounting records of county road department
expenditures;
(8) keep an inventory of county road department equipment,
materials, and supplies; and
(9) perform any other duties required by the commissioners court
that are consistent with this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.310. INSPECTIONS. The county road engineer shall
inspect for the county the progress of work on a county road
construction and maintenance project awarded to a private
contractor.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.311. FUNDING. (a) Expenditures for the construction
and maintenance of the county roads and the operation of the
county road department shall be paid out of the county road and
bridge fund strictly in accordance with annual budgeted
appropriations.
(b) On application of the county road engineer, the
commissioners court may transfer any part of an unencumbered
appropriation balance for an item in the county road and bridge
fund budget to another item.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 252.312. COMPETITIVE BIDDING. (a) Except as provided by
Subsection (b), the commissioners court shall purchase the
equipment, materials, and supplies for the county road department
through competitive bidding in conformity with estimates and
specifications prepared by the county road engineer.
(b) If the county road engineer so recommends and the
commissioners court considers it to be in the best interest of
the county, a purchase in an amount of $25,000 or less may be
made through negotiation by the commissioners court or the
court's authorized representative on requisition to be approved
by the commissioners court or the county auditor without
advertising for competitive bids.
(c) A purchase may not be divided or reduced to avoid the
competitive bidding requirement on a purchase that would
otherwise cost more than $25,000.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 115, Sec. 3, eff. Sept. 1,
2001; Acts 2001, 77th Leg., ch. 675, Sec. 2, eff. June 13, 2001.
Sec. 252.313. PAYMENT OF CLAIMS. Before the commissioners court
orders payment of a claim covering the purchase of equipment,
materials, supplies, or services, including county road
construction or maintenance, contracted for by the court, the
county road engineer must certify in writing that the claim is
correct and that:
(1) any equipment, materials, or supplies covered by the claim
conform to specifications approved by the county road engineer
and have been delivered in good condition;
(2) any county road department services contracted for by the
commissioners court have been satisfactorily performed; and
(3) any county road construction or maintenance done under the
contract conforms to the plans and specifications called for in
the contract.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.