Court Opinions

State Laws

US Code

US Constitution

Texas Transportation Code - Section 257.025. Adding Real Property To Road District By Property Owner Petition

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 257.025. Adding Real Property To Road District By Property Owner Petition

§ 257.025. ADDING REAL PROPERTY TO ROAD DISTRICT BY 
PROPERTY OWNER PETITION.  (a) One or more persons may file a 
petition with the commissioners court of a county requesting that 
real property owned by the person or persons be annexed to a road 
district.  The petition must describe the real property by:
		(1)  metes and bounds;  or                                                    
		(2)  lot and block number if there is a recorded plat of 
the real property. 
	(b)  Before the real property may be annexed to the road 
district, each petitioner must agree to:
		(1)  assume the petitioner's share of:                                        
			(A)  any outstanding bonds, notes, or other 
obligations of the district;  and
			(B)  any bonds of the district payable in whole or 
part from taxes that have been approved by the voters but have not 
been issued;  and
		(2)  authorize the commissioners court to impose a tax 
on the petitioner's property in each year in which the bonds, notes, 
or other obligations payable in whole or part from taxes are 
outstanding to pay the petitioner's share of the indebtedness.
	(c)  The commissioners court shall hold a hearing to consider 
the petition and shall give notice of the hearing in the manner 
required for a hearing for creation of a road district.
	(d)  The commissioners court may annex the real property 
described by the petition to the district if the court determines 
that:
		(1)  it is to the advantage of the real property to be 
annexed to the district;  and
		(2)  the real property already in the district will not 
be injured by the annexation.
	(e)  If each petitioner agrees to the items specified by 
Subsection (b), the commissioners court may issue any unissued 
bonds that have been approved by the voters of the district even 
though the boundary of the district has been altered by the 
annexation since the bonds were approved.
	(f)  If no qualified voter resides on the real property 
proposed to be annexed to the district, the commissioners court may 
order the annexation of the real property without further 
proceedings.
	(g)  If a qualified voter resides on the real property to be 
added and there are any outstanding bonds, notes, or other 
obligations of the district that are payable from taxes, the 
commissioners court shall order an election to be held in the 
district, including the real property to be annexed to the 
district, on the question of the assumption by the real property to 
be annexed of the district's outstanding and approved but unissued 
bonds, notes, or other obligations and of the taxes imposed to pay 
those obligations.  Notice of the election shall be given and the 
election shall be held as provided by law for a bond election in the 
district.
	(h)  The order annexing the real property to the district 
shall provide that the annexation does not take effect unless a 
majority of the votes cast at the election held under Subsection (g) 
favor the assumption of the district's outstanding bonds, notes, 
and other obligations and the imposition of a tax to pay those 
obligations.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.                    

Last modified: August 10, 2007