A district or district-formation petitioner may ask the commission for road powers, and the commission must approve or deny the petition promptly after filing.
Sec. 54.234. ACQUIRING ROAD POWERS. (a) Any district or any petitioner seeking the creation of a district may petition the commission to acquire the power under the authority of Article III, Section 52, Texas Constitution, to design, acquire, construct, finance, issue bonds for, operate, maintain, and convey to this state, a county, or a municipality for operation and maintenance, a road or any improvement in aid of the road. (b) Repealed by Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 24, eff. September 1, 2019. (c) As soon as practicable after such petition has been filed with the commission, the commission shall issue an order either approving or denying such petition. (d) If the commission issues an order approving the petition, the district may undertake a road project if: (1) the municipality or county with platting jurisdiction has approved the plans and specifications of the road project; or (2) the Texas Transportation Commission has approved the plans and specifications of the road project, if the state is to operate and maintain the road. (e) Notwithstanding any other law and except as provided by Subsection (d), a district is not required to obtain approval from the Texas Transportation Commission to acquire, construct, convey, or finance the road project. Added by Acts 1985, 69th Leg., ch. 951, Sec. 7, eff. Sept. 1, 1985. Amended by Acts 1995, 74th Leg., ch. 165, Sec. 22(77), eff. Sept. 1, 1995; Acts 2003, 78th Leg., ch. 248, Sec. 29, eff. June 18, 2003. Amended by: Acts 2007, 80th Leg., R.S., Ch. 777 (H.B. 3770), Sec. 1, eff. June 15, 2007. Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 8, eff. September 1, 2019. Acts 2019, 86th Leg., R.S., Ch. 1128 (H.B. 2590), Sec. 24, eff. September 1, 2019. Acts 2023, 88th Leg., R.S., Ch. 1009 (H.B. 2815), Sec. 28, eff. June 18, 2023.