A road supervisor may restrict a road only in specified unsafe conditions and only if an alternate road and detour are available; notice must be posted first, and affected vehicle owners or operators may complain to the county judge.
Sec. 251.157. PROHIBITING OR RESTRICTING USE OF ROAD. (a) In this section, "road supervisor" means a person authorized to supervise roads in a county or in a district or precinct of a county. (b) A road supervisor may prohibit or restrict, if an alternative, more suitable road is available within the county at the time, the use of a road or a section of a road under the supervisor's control by any vehicle that will unduly damage the road when: (1) because of wet weather or recent construction or repairs, the road cannot be safely used without probable serious damage to it; or (2) a bridge or culvert on the road is unsafe. (c) Before prohibiting or restricting the use of a road under this section, the road supervisor shall post notices that state the road and the expected duration of the prohibition or restriction, and identify the alternate route. The notices must be posted at locations that enable drivers to detour to avoid the restricted road. (d) The road supervisor may not prohibit the use of a road under this section until a detour has been provided. (e) If the owner or operator of a vehicle that is prohibited or restricted from using a road under this section is aggrieved by the prohibition or restriction, the person may file with the county judge of the county in which the restricted road is located a written complaint that sets forth the nature of the grievance. On the filing of the complaint the county judge promptly shall set the issue for a hearing to be held not later than the third day after the date on which the complaint is filed. The county judge shall give the road supervisor, the county engineer, and the commissioners court written notice of the date and purpose of each hearing. (f) The county judge shall hear testimony offered by the parties. On conclusion of the hearing, the county judge shall sustain, revoke, or modify the road supervisor's decision on the prohibition or restriction. The county judge's judgment is final as to the issues raised. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995. Amended by: Acts 2013, 83rd Leg., R.S., Ch. 1019 (H.B. 2612), Sec. 1, eff. June 14, 2013. Acts 2013, 83rd Leg., R.S., Ch. 1019 (H.B. 2612), Sec. 2, eff. June 14, 2013.