SYSTEMS OF COUNTY ROAD ADMINISTRATION

Tex. TRANSP Code ch. 252

in effect

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 252.002. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW.

If this subchapter conflicts with a general law relating to roads, this subchapter controls.

Tex. TRANSP Code § 252.003. EX OFFICIO ROAD COMMISSIONERS.

A county commissioner is the ex officio road commissioner of the county commissioner's precinct.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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 Section 251.004 . (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). SUBCHAPTER B. ROAD COMMISSIONER SYSTEM

Tex. TRANSP Code § 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, 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.

Tex. TRANSP Code § 252.102. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW.

If this subchapter conflicts with a general law relating to roads and bridges, this subchapter controls.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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. SUBCHAPTER C. ROAD SUPERINTENDENT SYSTEM

Tex. TRANSP Code § 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, 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.

Tex. TRANSP Code § 252.202. RELATIONSHIP OF SUBCHAPTER TO OTHER LAW.

If this subchapter conflicts with a general law relating to roads and bridges, this subchapter controls.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 252.215. LIABILITY FOR PROPERTY DAMAGE OR MISPLACEMENT.

Tex. TRANSP Code § 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. SUBCHAPTER D. COUNTY ROAD DEPARTMENT SYSTEM

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 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 $100,000 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 $100,000.

Tex. TRANSP Code § 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.

Tex. TRANSP Code § 252.314. DONATIONS.

A commissioners court may accept donations of labor, money, or other property to aid in the building or maintaining of roads in the county. Added by Acts 2013, 83rd Leg., R.S., Ch. 834 (H.B. 1384 ), Sec. 1, eff. June 14, 2013.

Source: TX Statutes (Official Site)URL: https://statutes.capitol.texas.gov/Fetched: 6/29/2026