CHAPTER 280. MISCELLANEOUS PROVISIONS
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE C. COUNTY ROADS AND BRIDGES
CHAPTER 280. MISCELLANEOUS PROVISIONS
Sec. 280.001. CONDEMNING RAILROAD ROADBED. The commissioners
court of a county may condemn a railroad roadbed on the petition
of at least 20 freeholders of an unincorporated community for the
purpose of opening, widening, or extending a street in the
community.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 280.002. AUTHORITY OF CERTAIN COUNTIES TO REMOVE PROPERTY
FROM COUNTY ROADS. (a) In this section, "personal property"
includes personal property of any kind or character, including a
motor vehicle.
(b) This section applies only to a county with a population of
3.3 million or more.
(c) Except as provided by Subsection (g), a county commissioner
may order the removal of personal property by the county from the
right-of-way or roadway of a county road if the county
commissioner determines the property:
(1) blocks the right-of-way or roadway for at least six hours;
or
(2) endangers public safety.
(d) A county commissioner may order the removal of the personal
property by the county without the consent of the owner or
carrier of the property.
(e) The owner and the carrier of personal property removed under
this section shall reimburse a county for the costs of removal
and disposition.
(f) Notwithstanding any other provision of law, a county and its
officers, agents, and employees are not liable for:
(1) any damage to personal property resulting from its removal
or disposal by the county unless the removal or disposal is
carried out recklessly or in a grossly negligent manner; or
(2) any damage resulting from the failure to exercise authority
granted under this subchapter.
(g) A county commissioner may not order the removal of personal
property of a public utility that is using the right-of-way or
roadway of a county road to install, maintain, repair, or
otherwise access a facility of the public utility.
Added by Acts 2005, 79th Leg., Ch.
1030, Sec. 1, eff. September 1, 2005.
Amended by:
Acts 2007, 80th Leg., R.S., Ch.
295, Sec. 1, eff. June 15, 2007.
Sec. 280.003. STREET LIGHTS IN SUBDIVISION LOCATED IN CERTAIN
COUNTIES. (a) This section applies only to the unincorporated
area of a county that has any of its territory located within 150
miles of an international boundary.
(b) The commissioners court of the county may by order provide
for the establishment of street lights along a county road
located in a subdivision. The order may provide for:
(1) the installation, operation, and maintenance of the street
lights by:
(A) the county; or
(B) another public or private entity with which the county may
contract;
(2) the imposition of a fee on landowners in the subdivision who
benefit from the street lights;
(3) collection of a fee imposed under this subsection by:
(A) the county; or
(B) another public or private entity with which the county may
contract; and
(4) any other matter the commissioners court finds necessary to
the installation, operation, or maintenance of the street lights.
(c) This section does not supersede applicable provisions for
street light service contained in the tariff of an electric
utility that provides service to the subdivision.
Added by Acts 2007, 80th Leg., R.S., Ch.
1183, Sec. 1, eff. June 15, 2007.