CHAPTER 257. ROAD DISTRICTS
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 257. ROAD DISTRICTS
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 257.001. ROAD DISTRICT OR PRECINCT OPERATING UNDER ROAD
BOND LAW DESIGNATED BODY CORPORATE; POWER TO SUE AND BE SUED.
(a) A county commissioners precinct or justice precinct
operating under Chapter 1471, Government Code, or a road district
is a body corporate and may sue or be sued in the same manner as
a county.
(b) A commissioners precinct or justice precinct operating under
Chapter 1471, Government Code, or a road district may not be held
liable for a tort except as provided by Chapter 101, Civil
Practice and Remedies Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.376, eff. Sept.
1, 2001.
Sec. 257.002. CONTRACTS OF ROAD DISTRICT OR PRECINCT OPERATING
UNDER ROAD BOND LAW. (a) A county commissioner is the ex
officio road superintendent with power to enter into a contract
in an amount that is not more than $50 on behalf of:
(1) a road district located in the commissioner's precinct;
(2) a justice precinct operating under Chapter 1471, Government
Code, and located in the commissioner's precinct; or
(3) the commissioner's precinct if it is operating under Chapter
1471, Government Code.
(b) A contract made under Subsection (a) must be approved by the
commissioners court.
(c) A contract in an amount that is more than $50 made on behalf
of a road district or precinct described by Subsection (a) must
be awarded by the commissioners court of the county in which the
road district or precinct is located.
(d) The commissioners court may enter into a contract with an
engineer, financial advisor, attorney, or other consultant as the
court determines appropriate to act on behalf of the county or
the road district or precinct.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.377, eff. Sept.
1, 2001.
Sec. 257.003. ACQUISITION OF ROADS. (a) Subject to Subsection
(b), a road district established pursuant to Section 52, Article
III, Texas Constitution, may agree to:
(1) reimburse a private person for money spent to construct a
road or improvement that has been or will be dedicated or
otherwise transferred to public use; or
(2) purchase a road or improvement constructed by a private
person.
(b) A road district may agree to make a reimbursement or
purchase under Subsection (a) only if:
(1) the construction was carried out through the award of
contracts in substantial conformity with the bid procedures
applicable to a county;
(2) the construction was performed in accordance with the road
standards and rules of the county in which the road or
improvement is located; and
(3) the road or improvement was not opened for public use or
accepted by official action of a governmental entity before the
district agreed to the reimbursement or purchase.
(c) A construction contract awarded for the construction of a
road for which reimbursement is to be paid or that is to be
purchased under Subsection (a) must be approved by the
commissioners court of the county in which the road is or will be
situated. The amount paid for the reimbursement or purchase:
(1) may include all construction costs, including engineering,
legal, financing, and other expenses incident to the
construction; and
(2) may be paid with proceeds from the sale of the district's
bonds or from any other money available to the district.
(d) In addition to the procedure provided by Subsection (a), a
road district may acquire, pay for the construction of, or agree
to reimburse the costs of construction or acquisition of a road,
including engineering, legal, financing, and other expenses
incident to the construction or acquisition, at a price not to
exceed the replacement cost of the road or road improvements as
determined by the commissioners court.
(e) A road district bond election may state as one of its
purposes the construction or acquisition of, or reimbursement of
expenses for construction or acquisition of, roads for an amount
that may not be more than the cost of construction on the basis
of competitive bid contracts plus engineering, legal, financing,
and other expenses incident to the construction, improvement, or
acquisition.
(f) A road district may enter into an agreement to use the
proceeds of a subsequent bond sale for reimbursing all
construction costs, engineering and other expenses, and financing
costs incident to construction or acquisition of a road to a
private person who constructs or acquires a facility that
benefits the road district pursuant to the agreement. The
agreement may provide the terms and conditions under which the
road district will be required to accept the dedication or
transfer of the road or road improvements to the district for the
benefit of the public and to pay or reimburse the cost of
constructing or acquiring the road. A road district may assign
all or any portion of its rights or obligations under the
agreement to any other political subdivision authorized by law to
own, operate, or maintain the road that is the subject of the
agreement.
(g) In this section, "construction" includes improvement and
landscaping.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.004. ROAD DISTRICT SIGNS. (a) A road district to
which this chapter applies shall post signs indicating the
existence of the district at two or more principal entrances to
the district so that they are readable by traffic entering the
district. The signs must be posted not later than the 60th day
after the date the district is established and must be maintained
as long as the district exists.
(b) Consistent with state and local rules governing signs, the
signs must be permanent and contain the name of the district in
at least three-inch letters. The signs may contain other
information as determined by the commissioners court.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.005. NOTICE TO PURCHASERS OF REAL PROPERTY IN ROAD
DISTRICT. (a) Before the final closing of a sale of real
property located in a road district, the seller shall furnish to
the buyer of the real property a written notice, executed and
acknowledged by the seller, that:
(1) contains a statement that the real property is located in
the road district and includes the name of the district;
(2) states the total amount of any bonds, notes, or other
obligations that have been approved and authorized to be issued
by the district but have not been issued; and
(3) states the total amount of any bonds, notes, or other
obligations payable from property taxes that have been issued and
sold by the district, if any, and the district's current tax rate
if this subdivision applies.
(b) The seller shall provide to the road district a copy of the
notice.
(c) The notice is sufficient if it substantially complies with
this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.006. APPLICABILITY OF CHAPTER TO COUNTY OPERATING UNDER
SPECIAL ROAD TAX LAW. A county operating under a special road
tax law may take any action authorized by this chapter.
Added by Acts 1999, 76th Leg., ch. 227, Sec. 23, eff. Sept. 1,
1999.
SUBCHAPTER B. ROAD DISTRICT WITHIN COUNTY
Sec. 257.021. ESTABLISHMENT OF ROAD DISTRICTS. (a) The
commissioners court of a county by order may establish one or
more road districts in the county as provided by Section 52,
Article III, Texas Constitution. The order must define the
boundaries of the road district. A road district is a
governmental entity and body politic.
(b) A road district created under this section may include:
(1) all or part of a municipality; or
(2) another road district or a precinct or political subdivision
of the county for which road bonds have been approved by the
voters and issued as provided by Section 52, Article III, Texas
Constitution.
(c) Before establishing a road district under this section, the
commissioners court shall conduct a public hearing on the matter.
Notice of the hearing shall be given in the manner provided for
notice of an election by Section 1471.018, Government Code.
(d) The establishment of a defined road district or the issuance
of road district bonds in a county with outstanding countywide
road bonds is not prevented by this chapter or Subchapters A-C,
Chapter 1471, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.378, eff. Sept.
1, 2001.
Sec. 257.022. ABOLITION OF ROAD DISTRICT. (a) The
commissioners court by order may abolish a road district after a
public hearing on the matter if:
(1) the road district has no outstanding public securities, as
that term is defined by Section 1201.002, Government Code; or
(2) all the public securities of the district have been assumed
and exchanged for county bonds under Subchapter D, Chapter 1471,
Government Code.
(b) The road district ceases to exist when the commissioners
court adopts the order abolishing the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.379, eff. Sept.
1, 2001.
Sec. 257.023. EXCLUSION OF CERTAIN TERRITORY OF EXISTING
DISTRICTS FROM ROAD DISTRICT. (a) A county commissioners court
may exclude from a proposed road district any territory that is
part of or adjacent to an existing road district that includes
all or part of a levee improvement district, drainage district,
or other improvement district created under a law authorized by
Section 52, Article III, Texas Constitution. The excluded
territory shall continue to bear and pay its proportion of
existing debt created for the construction of macadamized,
graveled, or paved roads or turnpikes or in aid of these
purposes, but may not be used to pay debt created for those
purposes after the territory is excluded from the new road
district.
(b) Except as specifically permitted by Sections 1471.086 and
1471.087, Government Code, a road district may not contain a
fractional part of a preexisting road district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.380, eff. Sept.
1, 2001.
Sec. 257.024. EXCLUDING REAL PROPERTY FROM ROAD DISTRICT. (a)
Before the commissioners court orders an election to authorize
bonds for a road district, the commissioners court, on its own
motion or on receipt of a written petition from a property owner
seeking to exclude the property owner's real property from the
district, may hold a hearing on the question of excluding
specified real property from the district.
(b) If the commissioners court determines that a hearing should
be held, the court shall give notice of the time and place of the
hearing in the manner provided for notice of a hearing for the
creation of a road district.
(c) The court shall exclude real property from the district if:
(1) the retention of the real property in the district's taxing
jurisdiction would:
(A) be arbitrary and unnecessary to protect the public welfare;
(B) impair the value of the real property; and
(C) arbitrarily impose a confiscatory burden on the real
property;
(2) the retention of the real property in the district and the
extension to it of the benefits, service, or protection of the
district's roads would create an undue and uneconomical burden on
the remainder of the district; or
(3) the real property cannot be benefited by the district's
proposed improvements.
(d) If, after considering the engineering information and other
evidence presented at the hearing, the commissioners court
determines that a ground for exclusion of the real property
exists, the court shall enter an order:
(1) excluding the real property from the road district; and
(2) redefining the boundaries of the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.025. ADDING REAL PROPERTY TO ROAD DISTRICT BY PROPERTY
OWNER PETITION. (a) One or more persons may file a petition
with the commissioners court of a county requesting that real
property owned by the person or persons be annexed to a road
district. The petition must describe the real property by:
(1) metes and bounds; or
(2) lot and block number if there is a recorded plat of the real
property.
(b) Before the real property may be annexed to the road
district, each petitioner must agree to:
(1) assume the petitioner's share of:
(A) any outstanding bonds, notes, or other obligations of the
district; and
(B) any bonds of the district payable in whole or part from
taxes that have been approved by the voters but have not been
issued; and
(2) authorize the commissioners court to impose a tax on the
petitioner's property in each year in which the bonds, notes, or
other obligations payable in whole or part from taxes are
outstanding to pay the petitioner's share of the indebtedness.
(c) The commissioners court shall hold a hearing to consider the
petition and shall give notice of the hearing in the manner
required for a hearing for creation of a road district.
(d) The commissioners court may annex the real property
described by the petition to the district if the court determines
that:
(1) it is to the advantage of the real property to be annexed to
the district; and
(2) the real property already in the district will not be
injured by the annexation.
(e) If each petitioner agrees to the items specified by
Subsection (b), the commissioners court may issue any unissued
bonds that have been approved by the voters of the district even
though the boundary of the district has been altered by the
annexation since the bonds were approved.
(f) If no qualified voter resides on the real property proposed
to be annexed to the district, the commissioners court may order
the annexation of the real property without further proceedings.
(g) If a qualified voter resides on the real property to be
added and there are any outstanding bonds, notes, or other
obligations of the district that are payable from taxes, the
commissioners court shall order an election to be held in the
district, including the real property to be annexed to the
district, on the question of the assumption by the real property
to be annexed of the district's outstanding and approved but
unissued bonds, notes, or other obligations and of the taxes
imposed to pay those obligations. Notice of the election shall be
given and the election shall be held as provided by law for a
bond election in the district.
(h) The order annexing the real property to the district shall
provide that the annexation does not take effect unless a
majority of the votes cast at the election held under Subsection
(g) favor the assumption of the district's outstanding bonds,
notes, and other obligations and the imposition of a tax to pay
those obligations.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.026. ADDING TERRITORY TO ROAD DISTRICT BY PETITION OR
ON COMMISSIONERS COURT MOTION. (a) The commissioners court of a
county on its own motion may hold a hearing on the question of
annexing a defined area to a road district and shall hold a
hearing on the question on receipt of a petition requesting the
annexation signed by:
(1) owners of real property the taxable value of which is a
majority of the taxable value of real property in the defined
area according to the county tax roll; or
(2) at least 50 property owners in the defined area if there are
more than 50 property owners in the defined area.
(b) The commissioners court shall give notice of the hearing in
the manner required for notice of a hearing on creation of a road
district.
(c) If after the hearing the commissioners court finds that
annexation of the defined area to the district is feasible and
practical and would benefit the area and the district, the court
may annex the area to the district. The order annexing the area
to the district is not required to include all of the real
property described by a petition requesting the annexation if the
court finds that a modification is necessary or desirable.
(d) The annexed area is subject to any bonds, notes, or other
obligations issued or taxes imposed before the area was annexed
to the district.
(e) The commissioners court shall, in the order annexing the
area to the district, order an election to be held in the
district, including the area to be annexed, on the questions
whether the annexed area should assume:
(1) the bonds, notes, or other obligations issued or taxes
imposed by the district before the area was annexed to the
district; and
(2) its part of the bonds of the district payable in whole or
part from taxes that have been approved by the voters but have
not been issued, and the imposition of the district's ad valorem
tax on the taxable property in the annexed area for the payment
of the bonds.
(f) At the election held under Subsection (e) the commissioners
court, in a separate proposal, may submit the question whether
the court should be authorized to issue bonds for the
construction, purchase, maintenance, and operation of
macadamized, graveled, or paved roads and turnpikes, or in aid of
those purposes, in the annexed area.
(g) Notice of an election held under this section shall be given
and the election shall be held in the manner provided by law for
a bond election in the district.
(h) If the majority of the votes received in the election favor
the assumptions proposed under Subsection (e), the district may
issue its approved but unissued bonds even though the boundaries
of the district have been changed by the annexation since the
original election approving the bonds.
(i) The commissioners court shall provide in its order annexing
an area to the district that the annexation does not take effect
unless the voters approve the assumptions proposed under
Subsection (e).
(j) The commissioners court may provide in its order annexing an
area to the district that the annexation does not take effect
unless the voters approve an issuance of bonds proposed under
Subsection (f).
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER C. ROAD DISTRICT IN ADJOINING COUNTIES
Sec. 257.101. ROAD DISTRICT AUTHORIZED; NATURE OF DISTRICT. (a)
The qualified voters of two or more adjoining counties or
portions of adjoining counties in the manner provided by this
subchapter may combine those counties or portions of counties to
establish a defined road district for the purpose of
constructing, maintaining, and operating macadamized, graveled,
or paved roads and turnpikes, or in aid of those activities.
(b) A road district established under this subchapter is a
defined district for purposes of the Texas Constitution and is a
body corporate.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.102. PETITION TO ESTABLISH ROAD DISTRICT. (a) A
petition to establish a road district under this subchapter must
be signed by at least 50 registered voters or a majority of the
registered voters, whichever is less, in each county or in each
portion of a county of which less than the entire county is
included in the proposed district.
(b) The petition must:
(1) describe in general terms the road or roads proposed to be
constructed and any municipalities to be connected by the road or
roads;
(2) name each county proposed to be included in the road
district and define the portion of each county proposed to be
included if less than the entire county is proposed to be
included in the district; and
(3) request each commissioners court to order an election to
determine whether the county or defined portion of the county is
to be included in the proposed district.
(c) A separate petition for the establishment of the road
district must be presented to the commissioners court of each
county or portion of a county in the proposed district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.103. CHANGE IN ROADS DESIGNATED IN PETITION. The
commissioners court of a county may change a road designated in
the petition calling for the establishment of a road district
under this subchapter if at the hearing on the petition the court
finds that the change:
(1) is necessary and practicable;
(2) would be a public benefit; and
(3) would be beneficial to all taxable property in the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.104. NOTICE OF HEARING ON PETITION. (a) On
presentation of a petition under Section 257.102, the
commissioners court of each county shall order the time for the
petition to be heard on a date not less than 15 or 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.
(b) The county clerk shall immediately issue notice of the time
and place of the hearing. The notice must:
(1) inform all interested persons of the time and place of the
hearing and of their right to appear at the hearing and support
or protest the ordering of the election; and
(2) set forth in substance the contents of the petition,
including the name of each county proposed to be included in
whole or part in the road district.
(c) Before the 10th day before the date of the hearing, the
clerk shall post a copy of the notice:
(1) at the courthouse door; and
(2) at a public place in each commissioners precinct contained
in whole or part in the proposed road district.
(d) Not later than the fifth day before the date of the hearing,
the clerk shall publish the notice in a newspaper of general
circulation published in the county. If a newspaper is not
published in the county, the posting of the notice as provided by
Subsection (c) is sufficient.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.105. HEARING ON PETITION. (a) At the time and place
set for the hearing of a petition presented under Section
257.102, or on a subsequent date set at that time, the
commissioners court of each county in the proposed road district
shall hear the petition and all matters relating to the proposed
district.
(b) Any interested person may appear before the court in person
or by attorney and support or protest the establishment of the
proposed road district.
(c) The court may adjourn the hearing from day to day and from
time to time as it considers necessary.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.106. ORDER OF ELECTION TO ESTABLISH DISTRICT. (a) The
commissioners court of each county included in whole or part in a
proposed road district may issue and record in its minutes an
order directing that an election be held within the county or the
defined portion of the county if on the hearing of the petition
to establish the district the court finds that:
(1) the petition is signed by the required number of registered
voters of the county or defined portion of the county;
(2) notice of the hearing was given as required by law; and
(3) the establishment of the proposed district by the
consolidation of the county or defined portion of the county with
the other counties or defined portions of counties named in the
proceedings would be for the benefit of all taxable property in
the county or defined portion of the county.
(b) The court shall order the election to be held on the next
uniform election date authorized by Subchapter A, Chapter 41,
Election Code, that occurs after the 15th day after the date of
the order. An election must be held on the same date in each
county in the proposed road district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.107. ELECTION TO ESTABLISH DISTRICT. (a) Notice of an
election to establish a road district under this subchapter shall
be given in the same manner and for the same time required for
notices of the hearing on the petition to establish the district.
(b) The conduct of the election and the canvassing and making
the returns is governed by general law when not in conflict with
this section.
(c) The officer directed by the commissioners court of each
county to administer the election in the county shall make
returns of the election to the commissioners court and return all
ballot boxes to the clerk of the commissioners court.
(d) The commissioners court of each county or portion of a
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 or defined portion of the county to
the county judge of the county in the proposed district with the
greatest population. On receipt of the returns of the election in
the different counties or defined portions of counties in the
proposed district, the county judge designated to canvass the
votes shall canvass the votes and certify the result of the
election to each county included in whole or part in the proposed
district.
(e) If a majority of the votes received in each county or
defined portion of a county favor the consolidation of the
counties or portions of counties into a defined road district,
the commissioners court of each county or portion of a county
shall declare the district established, and the district shall be
known as "_______ Counties Road District of Texas," listing in
alphabetical order each county included in whole or part in the
district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.108. EX OFFICIO DISTRICT DIRECTORS. (a) The following
are ex officio directors of a road district established under
this subchapter:
(1) for a county that is wholly included in the district, the
county judge and each county commissioner; and
(2) for a county only part of which is included in the district,
the county judge and the county commissioner of each commissioner
precinct included in whole or part in the district.
(b) The ex officio directors have the same power and authority
in the management of the affairs of the road district as the
commissioners court of a county has in a road district located
entirely in the county.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.109. MEETINGS OF COMMISSIONERS OR DIRECTORS. A joint
meeting of the commissioners courts or ex officio directors of a
road district established under this subchapter may be adjourned
from day to day or time to time as the courts consider necessary
and advisable.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.110. DISTRICT TREASURER OR DEPOSITORY. (a) At a joint
meeting held for that purpose in the county having the greatest
population, the commissioners of the counties included in whole
or part in a road district established under this subchapter
shall select a treasurer or depository for the district. The
treasurer or depository must be a bank, banking corporation, or
individual banker resident in the district.
(b) The treasurer or depository is governed by the laws and
subject to the penalties applicable by law to a depository of
county money.
(c) The selected treasurer or depository may not receive any
road district money until the treasurer or depository gives a
surety bond to the district:
(1) in an amount equal to the amount of district money
deposited;
(2) made with a corporate surety authorized to do business in
the state; and
(3) conditioned on the safekeeping and paying of the district
money.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.111. PURCHASE OF IMPROVED ROADS. (a) A road district
established under this subchapter may purchase or take over an
improved road previously constructed by a county or by another
road district.
(b) A district may purchase or take over a road under Subsection
(a) only in the manner provided by Subchapter D, Chapter 1471,
Government Code, except that a petition is not required to be
filed.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.381, eff. Sept.
1, 2001.
Sec. 257.112. BONDS AND TAX AUTHORIZED. As provided by Section
52, Article III, Texas Constitution, to construct, maintain, and
operate macadamized, graveled, or paved roads or turnpikes, or in
aid of those activities, two or more adjoining counties or
portions of adjoining counties through a road district
established under this subchapter may:
(1) issue bonds in any amount not to exceed one-fourth of the
taxable value of the real property located in the district;
(2) impose an annual ad valorem tax to pay the interest on the
bonds; and
(3) provide a sinking fund for the redemption of the bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.113. ORDER FOR BOND ELECTION. (a) The members of the
commissioners courts of the counties included in whole or part in
a road district established under this subchapter at a joint
meeting held in the county having the greatest population may
order an election to authorize bonds for the district.
(b) The members of the commissioners courts shall order the
election to be held on a date authorized by Section 41.001,
Election Code. Notice of the election shall be given as provided
by Chapter 4, Election Code.
(c) At the election, the voters shall be permitted to vote for
or against the following proposition:
"Authorizing the _______________ Counties Road District of Texas
to issue the bonds of the district in the total sum of
$__________ and to levy annually ad valorem taxes on all taxable
property in the district to pay the interest on the bonds and
create a sinking fund to redeem the principal at maturity for the
purpose of the construction, maintenance, and operation of
macadamized, graveled, or paved road and turnpikes or in aid of
these purposes within the district.
"The roads to be constructed from the proceeds of the sale of the
bonds and the amount apportioned to each road is as follows:
"(Here set out the road or roads as described in the order and
notice of the election to determine the establishment of the
district and the amount to be expended on each road or roads.)"
(d) If the proposition provides for the road district to
purchase or take over improved roads constructed by an included
county or another road district included in the road district,
the election order must conform to the requirements of Section
1471.081, Government Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.382, eff. Sept.
1, 2001.
Sec. 257.114. NOTICE OF BOND ELECTION. (a) A certified copy of
an order for an election made under Section 257.113 shall be sent
to the county clerk of each county included in whole or part in
the road district.
(b) After the clerk receives the certified copy of the election
order, the commissioners court of each county at a regular or
special session of the court held in the respective counties
shall give notice of the proposed bond election to be held on the
date provided by the order. The notice must state the time and
place at which the election is to be held and state in substance
the contents of the order.
(c) All other proceedings relating to the question submitted
must be in accordance with the provisions of Chapter 1471,
Government Code, that apply to county road bond elections.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.383, eff. Sept.
1, 2001.
Sec. 257.115. DECLARATION OF BOND ELECTION RESULTS. The ex
officio directors of a road district established under this
subchapter by order shall declare the result of a district bond
election and certify the result to the county judge of the county
in the road district that has the greatest population.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.116. ORDERS TO ISSUE BONDS AND LEVY TAX. If in a bond
election held under this subchapter two-thirds of the votes
received in each county or portion of a county included in the
road district favor issuing the bonds, the commissioners court of
each county or portion of a county, as soon after the declaration
of the result of the election as practicable, shall pass the
orders necessary to issue the bonds and impose taxes to pay the
bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.117. LEVY OF BOND TAX. (a) Each year, the
commissioners courts of the counties included in whole or part in
a road district established under this subchapter shall determine
the amount of the district bond tax to be imposed.
(b) The commissioners court of each county shall impose the
portion of the bond tax imposed by the road district in that
county at the time and in the manner that other taxes are imposed
in the county by the commissioners court of the county. The
imposition of the tax is governed by the law governing the
imposition of county taxes.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.118. ISSUANCE OF BONDS. (a) Bonds issued by a road
district under this subchapter shall be:
(1) issued in the name of the road district;
(2) signed by the county judge of each county included in whole
or part in the district; and
(3) countersigned by the clerk of each of those counties.
(b) The seal of the commissioners court of each county included
in whole or part in the district must be impressed on the bonds.
(c) The bonds must be attested by the treasurer or depository of
the district.
(d) As nearly as practicable, the bonds shall be issued in the
form used for the issuance of county bonds, except as provided by
this section.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.119. SALE OF BONDS. (a) The commissioners courts of
the counties included in whole or part in a road district
established under this subchapter, at a joint meeting held in the
county having the greatest population, shall advertise bonds
issued under this subchapter for sale in an advertisement or
notice published in a newspaper of general circulation published
in the district not later than the 10th day before the date set
for the sale.
(b) The commissioners courts shall convene in joint meeting in
the county having the greatest population on the date specified
for the sale in the notice to consider bids for the purchase of
the bonds. The courts may reject any bid.
(c) The commissioners courts shall sell some or all of the bonds
at that joint meeting at a price permitted by Chapter 1204,
Government Code. The purchase money shall be deposited with the
road district's treasurer or depository to the credit of the
available road fund of the road district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.384, eff. Sept.
1, 2001.
Sec. 257.120. BOND PROCEEDS. (a) On the issuance and sale of
road district bonds under this subchapter, the commissioners
court of each county included in whole or part in the road
district may adopt any necessary order setting aside an amount of
the proceeds from the sale of the bonds as the ex officio
directors of the road district consider necessary to be used for
the maintenance, repair, and upkeep of the district's roads.
(b) The necessary expense incident to the issuance of the bonds
may be paid out of the proceeds from the sale of the bonds.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.121. APPLICATION OF COUNTY BOND LAWS. Except as
otherwise provided by this subchapter, the general laws governing
county road bonds authorized under Section 52, Article III, Texas
Constitution, apply to the authorization, issuance, approval,
certification, registration, sale, and payment of bonds issued
under this subchapter.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.122. INTEREST RATE AND MATURITY OF BONDS. Bonds issued
under this subchapter shall mature not later than the 40th
anniversary of the date of their issuance and shall bear interest
at a rate not to exceed that provided by Chapter 1204, Government
Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 2001, 77th Leg., ch. 1420, Sec. 8.385, eff. Sept.
1, 2001.
Sec. 257.123. BOND RECORDS. (a) The commissioners court of
each county included in whole or part in a road district
established under this subchapter shall make a record of the
district bonds issued under this subchapter.
(b) The county clerk of each county shall keep the record. The
record must show:
(1) the numbers of the bonds;
(2) the amount of each bond;
(3) the interest rate of each bond;
(4) the date of issue of each bond; and
(5) when each bond is due and where it is payable.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 257.124. BOND WARRANTS. (a) The treasurer or depository
of a road district established under this subchapter shall pay
out the proceeds from the sale of the district's bonds on
warrants drawn on the available road fund and issued by the
county clerk of the county in the road district having the
greatest population. A warrant must be countersigned by the
county judge of each district included in whole or part in the
road district.
(b) A warrant may be issued only in payment of a certified
account approved by the ex officio directors of the district.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER Z. MISCELLANEOUS PROVISIONS
Sec. 257.901. LAND DEVELOPMENT IN ROAD DISTRICT WITH OUTSTANDING
INDEBTEDNESS. (a) In this section:
(1) "Affected area" means the area:
(A) of an assessment road district; and
(B) within 1,500 feet of the boundary of an assessment road
district.
(2) "Assessment road district" means a road district that has
refinanced outstanding bonded indebtedness under Subchapter C,
Chapter 1471, Government Code.
(3) "Land development" means any action necessary or customary
in connection with the construction of improvements on real
property.
(4) "Regulation" means any ordinance, rule, regulation, or
application or interpretation of an ordinance, rule, regulation,
or application.
(b) After March 9, 1999, a political subdivision shall pay the
outstanding bonded indebtedness of an assessment road district if
the political subdivision changes regulations regarding land
development that apply to more than 20 percent of the land in the
assessment road district in a manner that reduces:
(1) the amount of impervious cover, as defined in the
regulations; or
(2) the total allowable floor area of a building on developed
land.
(c) Subsection (b) does not apply to an affected land owner who
agrees in writing to the regulation.
(d) On request of a person who owns land in an affected area,
the governing body of an assessment road district by resolution
may annex any part of the person's land that is within two miles
of the district's boundaries.
(e) After annexation of the land under this section, the
governing body of the district shall reapportion the remaining
assessment on the owner's land on a per acre basis for all of the
owner's land in the district.
(f) Chapter 245, Local Government Code, controls to the extent
of any conflict with this section.
(g) This section expires March 10, 2019.
Added by Acts 2001, 77th Leg., ch. 1420, Sec. 19.003(a), eff.
Sept. 1, 2001.