CHAPTER 472. MISCELLANEOUS PROVISIONS
TRANSPORTATION CODE
TITLE 6. ROADWAYS
SUBTITLE Z. MISCELLANEOUS ROADWAY PROVISIONS
CHAPTER 472. MISCELLANEOUS PROVISIONS
SUBCHAPTER A. GOVERNMENT CONTRACTS FOR JOINT PAYMENT OF CERTAIN
HIGHWAY COSTS
Sec. 472.001. CONTRACTS BETWEEN CERTAIN GOVERNMENTAL ENTITIES TO
ENGAGE IN JOINT PROJECT. (a) A state agency, political
subdivision, or road district of a county may contract with a
transportation corporation created by the commission under
Chapter 431 or with another state agency, political subdivision,
or road district to jointly pay all or part of the cost of:
(1) acquiring, designing, constructing, improving, or
beautifying a state or local highway, turnpike, road, or street
project;
(2) acquiring an interest in any real property required for or
beneficial to the project; and
(3) adjusting utilities for the project.
(b) Costs of a project or payments required under a contract may
be met out of bond proceeds, taxes, or other funds available for
that purpose.
(c) A road district of a county or a political subdivision may:
(1) issue bonds to pay costs of a project if it determines the
project will benefit it; or
(2) impose taxes in an amount necessary to create a sinking fund
for payments required by a contract that provides for payment
over a term of years.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 472.002. CONTRACTS INVOLVING POLITICAL SUBDIVISION OR ROAD
DISTRICT TO CONSTRUCT AND MAINTAIN HIGHWAY. The governing body
of a political subdivision or road district that determines an
improvement is reasonable, necessary, and beneficial to the
subdivision or district may contract with another governmental
entity to:
(1) acquire with bond proceeds necessary rights-of-way for the
road or highway; and
(2) construct and maintain the road or highway in cooperation
with the entity.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 472.003. COUNTY PAYMENTS FOR JOINT HIGHWAY PROJECTS. (a)
The commissioners court of a county may issue bonds and contract
with a road district, road utility district, state agency, or
other governmental entity in the manner, for the term, and to the
extent it may contract under Chapter 362, on determining that a
road project, including a toll road project authorized under
Chapter 441, is reasonable, necessary, and beneficial to the
county.
(b) To pay the cost of a road project that serves the county and
a road district of a county or road utility district, the
commissioners court may:
(1) dedicate ad valorem taxes paid by owners of property in the
county or district; or
(2) use other county money.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
SUBCHAPTER B. DEPARTMENT AUTHORITY TO REMOVE PROPERTY FROM STATE
HIGHWAYS
Sec. 472.011. DEFINITION. In this subchapter, "personal
property" includes personal property of any kind or character,
including:
(1) a vehicle, as defined by Section 502.001, that is damaged or
disabled;
(2) spilled cargo;
(3) a hazardous material as defined by 49 U.S.C. App. Section
1802; and
(4) a hazardous substance as defined by Section 26.263, Water
Code.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.43(a), eff.
Sept. 1, 1997.
Sec. 472.012. DEPARTMENT AUTHORITY GENERALLY. (a) The
department may remove personal property from the right-of-way or
roadway of the state highway system if the department determines
the property blocks the roadway or endangers public safety.
(b) The department may remove the personal property without the
consent of the owner or carrier of the property.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 472.013. OWNER AND CARRIER RESPONSIBLE FOR COSTS OF REMOVAL
AND DISPOSITION. The owner and the carrier of personal property
removed under this subchapter shall reimburse the department for
the costs of removal and disposition.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 472.014. DEPARTMENT NOT LIABLE FOR DAMAGES.
Notwithstanding any other provision of law, the department and
its officers and employees are not liable for:
(1) any damage to personal property resulting from its removal
or disposal by the department 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.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 1171, Sec. 1.43(b), eff.
Sept. 1, 1997.
Sec. 472.015. CONTRACTS FOR REMOVAL OF PROPERTY. In contracting
with a private business or businesses for the removal of personal
property from the right-of-way or roadway of the state highway
system, the department may:
(1) use a purchasing method described in Chapter 2156,
Government Code;
(2) include the removal work in a contract entered into under
Chapter 223; or
(3) select a business or businesses based on an evaluation of
the experience of the business and the price and quality of the
business's equipment and services.
Added by Acts 2001, 77th Leg., ch. 1272, Sec. 9.01, eff. June 15,
2001.
SUBCHAPTER C. CRIMINAL OFFENSES AND PENALTIES REGARDING WARNING
SIGNS AND BARRICADES
Sec. 472.021. TAMPERING WITH WARNING DEVICES. (a) A person
commits an offense if the person tampers with, damages, or
removes a barricade, flare pot, sign, flasher signal, or other
device warning of construction, repair, or detour on or adjacent
to a highway set out by the state, a political subdivision, a
contractor, or a public utility.
(b) This section does not apply to a person acting within the
scope and duty of employment if the person is:
(1) an officer, agent, independent contractor, employee, or
trustee of the state or a political subdivision;
(2) a contractor; or
(3) a public utility.
(c) An offense under this section is a misdemeanor punishable
by:
(1) a fine of not less than $25 or more than $1,000;
(2) confinement in a county jail for a term not to exceed two
years; or
(3) both the fine and the confinement.
(d) In this section:
(1) "Contractor" means a person engaged in highway construction
or repair under contract with this state or a political
subdivision of this state.
(2) "Highway" means the entire width between the boundary lines
of a publicly maintained way, any part of which is open to the
public for vehicular travel or any part of which is under
construction or repair and intended for public vehicular travel
on completion. The term includes the space above or below the
highway surface.
(3) "Person" means an individual, firm, association, or
corporation and includes an officer, agent, independent
contractor, employee, or trustee of that individual or entity.
(4) "Political subdivision" includes a county, municipality,
local board, or other body of this state having authority to
authorize highway construction or repair.
(5) "Public utility" means:
(A) a telegraph, telephone, water, gas, light, or sewage company
or cooperative;
(B) a contractor of a company or cooperative described by
Subdivision (A); or
(C) another business recognized by the legislature as a public
utility.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Sec. 472.022. OBEYING WARNING SIGNS AND BARRICADES. (a) A
person commits an offense if the person:
(1) disobeys the instructions, signals, warnings, or markings of
a warning sign; or
(2) drives around a barricade.
(b) This section does not apply to:
(1) a person who is following the directions of a police
officer; or
(2) a person, including an employee of the department, a
political subdivision of this state, or a contractor or
subcontractor, whose duties require the person to go beyond or
around a barricade.
(c) Each violation of this section is a separate offense.
(d) An offense under this section is a misdemeanor punishable by
a fine of not less than $1 or more than $200, except that:
(1) if the offense is committed in a construction or maintenance
work zone when workers are present and any written notice to
appear issued for the offense states on its face that workers
were present when the offense was committed, the offense is a
misdemeanor punishable by a fine of not less than $2 or more than
$400; or
(2) if a person commits an offense under Subsection (a) where a
warning sign or barricade has been placed because water is over
any portion of a road, street, or highway, the offense is a Class
B misdemeanor.
(e) In this section:
(1) "Barricade" means an obstruction:
(A) placed on or across a road, street, or highway of this state
by the department, a political subdivision of this state, or a
contractor or subcontractor constructing or repairing the road,
street, or highway under authorization of the department or a
political subdivision of this state; and
(B) placed to prevent the passage of motor vehicles over the
road, street, or highway during construction, repair, or
dangerous conditions.
(2) "Construction or maintenance work zone" means a portion of a
highway or street:
(A) where highway construction or maintenance is being
undertaken, other than mobile operations as defined by the Texas
Manual on Uniform Traffic Control Devices; and
(B) that is marked by signs:
(i) indicating that it is a construction or maintenance work
zone;
(ii) indicating where the zone begins and ends; and
(iii) stating: "Fines double when workers present."
(3) "Warning sign" means a signal, marking, or device placed on
a barricade or on a road, street, or highway during construction,
repair, or dangerous conditions by the department, a political
subdivision of this state, or a contractor or subcontractor to
warn or regulate motor vehicular traffic. The term includes a
flagger deployed on a road, street, or highway by the department,
a political subdivision of this state, or a contractor or
subcontractor to direct traffic around or on the road, street, or
highway during construction, repair, or dangerous conditions.
(f) Articles 45.051 and 45.0511, Code of Criminal Procedure, do
not apply to an offense under this section committed in a
construction or maintenance work zone when workers are present.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Amended by Acts 1997, 75th Leg., ch. 674, Sec. 1, eff. Jan. 1,
1998; Acts 1999, 76th Leg., ch. 789, Sec. 1, 2, eff. Sept. 1,
1999; Acts 1999, 76th Leg., ch. 965, Sec. 1, eff. Sept. 1, 1999;
Acts 1999, 76th Leg., ch. 1088, Sec. 1, eff. Sept. 1, 1999; Acts
2001, 77th Leg., ch. 1420, Sec. 19.005, eff. Sept. 1, 2001; Acts
2003, 78th Leg., ch. 991, Sec. 1, eff. Sept. 1, 2003; Acts 2003,
78th Leg., ch. 1182, Sec. 3, eff. Sept. 1, 2003.
Amended by:
Acts 2005, 79th Leg., Ch.
576, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
576, Sec. 2, eff. September 1, 2005.
SUBCHAPTER D. METROPOLITAN PLANNING ORGANIZATIONS
Sec. 472.031. DEFINITIONS. In this subchapter:
(1) "Metropolitan planning organization" means a metropolitan
planning organization designated or redesignated under 23 U.S.C.
Section 134.
(2) "Policy board" means the policy board of a metropolitan
planning organization.
Amended by:
Acts 2005, 79th Leg., Ch.
537, Sec. 1, eff. September 1, 2005.
Sec. 472.032. VOTING PROXIES BY POLICY BOARD MEMBERS. (a) A
policy board may provide in its bylaws for appointment of voting
proxies by its members.
(b) A proxy appointed under Subsection (a):
(1) acts on behalf of and under the supervision of the policy
board member who appointed the proxy;
(2) must be appointed in writing; and
(3) is authorized to vote for the policy board member who
appointed the proxy to the extent the member has given the proxy
the member's voting power.
(c) A legislative member of a policy board may not be counted as
absent at a meeting of the policy board during a legislative
session.
(d) A legislative member of a policy board may only appoint a
proxy under Subsection (a) who is:
(1) the legislative member's employee or staff member;
(2) a person related to the member within the second degree by
consanguinity, as determined under Subchapter B, Chapter 573,
Government Code, who is not required to register as a lobbyist
under Chapter 305, Government Code;
(3) another legislative member of the policy board; or
(4) a locally elected official.
Added by Acts 2003, 78th Leg., ch. 267, Sec. 1, eff. June 18,
2003.
Amended by:
Acts 2005, 79th Leg., Ch.
281, Sec. 2.82, eff. June 14, 2005.
Acts 2005, 79th Leg., Ch.
537, Sec. 1, eff. September 1, 2005.
Acts 2005, 79th Leg., Ch.
565, Sec. 1, eff. June 17, 2005.
Acts 2007, 80th Leg., R.S., Ch.
921, Sec. 17.001(75), eff. September 1, 2007.
Sec. 472.033. APPLICABILITY OF CONFLICTS OF INTEREST LAW TO
POLICY BOARD MEMBERS. (a) A policy board member is considered
to be a local public official for purposes of Chapter 171, Local
Government Code.
(b) If a policy board member must abstain from participation in
a vote or decision under Section 171.004, Local Government Code,
the member's proxy appointed under Section 472.032 may not
participate in the vote or decision.
(c) The appointment of a proxy by a policy board member does not
excuse the member from filing an affidavit required under Section
171.004, Local Government Code.
Amended by:
Acts 2005, 79th Leg., Ch.
537, Sec. 1, eff. September 1, 2005.
Sec. 472.034. STANDARDS OF CONDUCT; ETHICS POLICY. (a) A
policy board member or employee of a metropolitan planning
organization may not:
(1) accept or solicit any gift, favor, or service that might
reasonably tend to influence the member or employee in the
discharge of official duties or that the member or employee knows
or should know is being offered with the intent to influence the
member's or employee's official conduct;
(2) accept other employment or engage in a business or
professional activity that the member or employee might
reasonably expect would require or induce the member or employee
to disclose confidential information acquired by reason of the
official position;
(3) accept other employment or compensation that could
reasonably be expected to impair the member's or employee's
independence of judgment in the performance of the member's or
employee's official duties;
(4) make personal investments that could reasonably be expected
to create a substantial conflict between the member's or
employee's private interest and the public interest; or
(5) intentionally or knowingly solicit, accept, or agree to
accept any benefit for having exercised the member's or
employee's official powers or performed the member's or
employee's official duties in favor of another.
(b) An employee of a metropolitan planning organization who
violates Subsection (a) or an ethics policy adopted under
Subsection (c) is subject to termination of the employee's
employment or another employment-related sanction.
Notwithstanding this subsection, a policy board member or
employee of a metropolitan planning organization who violates
Subsection (a) is subject to any applicable civil or criminal
penalty if the violation also constitutes a violation of another
statute or rule.
(c) Each policy board shall:
(1) adopt bylaws establishing an ethics policy for employees of
a metropolitan planning organization and policy board members
consistent with the standards prescribed by Subsection (a),
including provisions to prevent a policy board member from having
a conflict of interest in business before the metropolitan
planning organization; and
(2) distribute a copy of the ethics policy to:
(A) each new employee not later than the third business day
after the date the person begins employment with the agency; and
(B) each new policy board member not later than the third
business day after the date the person qualifies for office.
(d) If a person with knowledge of a violation of an ethics
policy established under Subsection (c) that also constitutes a
criminal offense under another law of this state reports the
violation to an appropriate prosecuting attorney who concludes
that there is reasonable basis to initiate an investigation,
then, not later than the 60th day after the date a person
notifies the prosecuting attorney under this subsection, the
prosecuting attorney shall notify the Texas Ethics Commission of
the status of the prosecuting attorney's investigation of the
alleged violation. The Texas Ethics Commission shall, on the
request of the prosecuting attorney, assist the prosecuting
attorney in investigating the alleged violation.
(e) To the extent an employee of a metropolitan planning
organization is subject to the ethics policy of another
governmental entity and to the extent that policy conflicts with
this section, the ethics policy of the other governmental entity
prevails.
Added by Acts 2007, 80th Leg., R.S., Ch.
264, Sec. 12.01, eff. June 11, 2007.
Amended by:
Acts 2009, 81st Leg., R.S., Ch.
482, Sec. 1, eff. September 1, 2009.