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Texas Transportation Code - Section 257.026. Adding Territory To Road District By Petition Or On Commissioners Court Motion

Legal Research Home > Texas Lawyer > Transportation Code > Texas Transportation Code - Section 257.026. Adding Territory To Road District By Petition Or On Commissioners Court Motion

§ 257.026. ADDING TERRITORY TO ROAD DISTRICT BY PETITION 
OR ON COMMISSIONERS COURT MOTION.  (a) The commissioners court of a 
county on its own motion may hold a hearing on the question of 
annexing a defined area to a road district and shall hold a hearing 
on the question on receipt of a petition requesting the annexation 
signed by:
		(1)  owners of real property the taxable value of which 
is a majority of the taxable value of real property in the defined 
area according to the county tax roll;  or
		(2)  at least 50 property owners in the defined area if 
there are more than 50 property owners in the defined area.
	(b)  The commissioners court shall give notice of the hearing 
in the manner required for notice of a hearing on creation of a road 
district.
	(c)  If after the hearing the commissioners court finds that 
annexation of the defined area to the district is feasible and 
practical and would benefit the area and the district, the court may 
annex the area to the district.  The order annexing the area to the 
district is not required to include all of the real property 
described by a petition requesting the annexation if the court 
finds that a modification is necessary or desirable.
	(d)  The annexed area is subject to any bonds, notes, or 
other obligations issued or taxes imposed before the area was 
annexed to the district.
	(e)  The commissioners court shall, in the order annexing the 
area to the district, order an election to be held in the district, 
including the area to be annexed, on the questions whether the 
annexed area should assume:
		(1)  the bonds, notes, or other obligations issued or 
taxes imposed by the district before the area was annexed to the 
district;  and
		(2)  its part of the bonds of the district payable in 
whole or part from taxes that have been approved by the voters but 
have not been issued, and the imposition of the district's ad 
valorem tax on the taxable property in the annexed area for the 
payment of the bonds.
	(f)  At the election held under Subsection (e) the 
commissioners court, in a separate proposal, may submit the 
question whether the court should be authorized to issue bonds for 
the construction, purchase, maintenance, and operation of 
macadamized, graveled, or paved roads and turnpikes, or in aid of 
those purposes, in the annexed area.
	(g)  Notice of an election held under this section shall be 
given and the election shall be held in the manner provided by law 
for a bond election in the district.
	(h)  If the majority of the votes received in the election 
favor the assumptions proposed under Subsection (e), the district 
may issue its approved but unissued bonds even though the 
boundaries of the district have been changed by the annexation 
since the original election approving the bonds.
	(i)  The commissioners court shall provide in its order 
annexing an area to the district that the annexation does not take 
effect unless the voters approve the assumptions proposed under 
Subsection (e).
	(j)  The commissioners court may provide in its order 
annexing an area to the district that the annexation does not take 
effect unless the voters approve an issuance of bonds proposed 
under Subsection (f).

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

Last modified: August 10, 2007