Texas Transportation Code Title 6, Chapter 203 - Modernization Of State Highways; Controlled Access Highways

SUBCHAPTER A GENERAL PROVISIONS

• Texas Section 203.001 - Definitions
  In this chapter: (1) "Controlled access highway" means a designated state highway to or from which access is denied or controlled, in whole or in...
• Texas Section 203.002 - Modern State Highway System
  To promote public safety, facilitate the movement of traffic, preserve the public's financial investment in highways, promote the national defense, and accomplish the purposes of...

SUBCHAPTER B PUBLIC HEARINGS AND COMMENT

• Texas Section 203.003 - Jurisdiction
  (a) Subject to Section 203.021, the commission may lay out, construct, maintain, and operate a designated state highway, with control of access as necessary to...
• Texas Section 203.021 - Public Hearings
  (a) For a highway project that bypasses or goes through a county or municipality, including a home-rule municipality, the commission shall hold at least one...

SUBCHAPTER C CONTROL OF ACCESS

• Texas Section 203.022 - Rules Governing Notice And Comment
  (a) The department shall by rule provide owners of adjoining property and affected local governments and public officials with notice and an opportunity for comment...
• Texas Section 203.031 - Control Of Access
  (a) The commission, by order entered in its minutes, may: (1) designate a state highway of the designated state highway system as a controlled access...
• Texas Section 203.032 - Precedence Of Commission Order
  (a) Except as provided by Subsection (b), an order of the commission under Section 203.031 supersedes a conflicting rule or ordinance of a state agency...
• Texas Section 203.033 - Injunction Against Denial Of Access
  A court may not grant an injunction to prevent or stay a commission order of denial of previously existing access to a state highway unless...

SUBCHAPTER D ACQUISITION OF PROPERTY

• Texas Section 203.034 - Right To Access; Damages For Denial Of Access
  (a) An owner of real property adjoining a new controlled access highway location is not entitled to access to the new highway location as a...
• Texas Section 203.051 - Acquisition Of Property Authorized
  (a) The commission may acquire by purchase, on terms and conditions the commission considers proper or by the exercise of eminent domain, in the name...
• Texas Section 203.052 - Commission Determination Required
  (a) The commission may acquire an interest in real property, a property right, or a material under Section 203.051 only if the commission determines that...
• Texas Section 203.0521 - Acquisition Of Remainder
  (a) If a proposed acquisition of a tract of real property under Section 203.052 would leave the owner of the property a remainder of the...
• Texas Section 203.053 - Location Of Property Acquired; Public Property
  (a) The authorization under this subchapter to purchase or exercise the power of eminent domain is not affected by the location of the real property,...
• Texas Section 203.054 - Attorney General Shall Bring Suit
  (a) Except as provided by Subsection (b), the attorney general, at the request of the commission, shall bring and prosecute a condemnation suit of the...
• Texas Section 203.055 - Acquisition Of Rights In Public Real Property
  (a) The governing body of a political subdivision or public agency that owns or is in charge of public real property may consent to the...
• Texas Section 203.056 - Consent To Use Of State Property
  (a) The commission may use real property owned by the state, including submerged real property, that the commission could acquire under this subchapter for highway...
• Texas Section 203.057 - Cooperation Of State Agency
  (a) The commission shall advise and make arrangements with the state agency that has jurisdiction over the state-owned real property to accomplish the purpose of...
• Texas Section 203.058 - Compensation For State Agency
  (a) If the acquisition of real property, property rights, or material by the department from a state agency under this subchapter will deprive the agency...
• Texas Section 203.059 - Purchase Of Lease Rights
  (a) Before acquiring property under this subchapter, the department may purchase the right to lease the property to a third party. (b) The department may...
• Texas Section 203.060 - Payment Procedure
  The comptroller may issue a warrant on the appropriate account to pay for real property or an interest in real property when presented with a...
• Texas Section 203.061 - Payment Procedure If Owner Fails To Deliver Executed Deed; Escrow
  (a) If the owner of property acquired by the department under this subchapter fails to deliver an executed deed before payment of consideration, the comptroller...
• Texas Section 203.062 - Payment For Real Property Acquired By Eminent Domain
  (a) If the department acquires real property through the exercise of the power of eminent domain, the comptroller may issue a warrant as required by...
• Texas Section 203.063 - Payment Procedures In Addition To Other Procedures Authorized By Law
  The payment procedures specified by Sections 203.060, 203.061, and 203.062 are in addition to any other procedure or method authorized for the issuance of a...
• Texas Section 203.064 - Acquisition Of Freeway By Gift Or Devise
  (a) The commission may acquire by gift or devise a property necessary to lay out, construct, maintain, or operate a section of a state highway...
• Texas Section 203.065 - Acquisition Of Freeway By County Commissioners Court
  (a) A county commissioners court may acquire by gift, devise, purchase, or condemnation a property necessary to lay out, construct, maintain, or operate a section...
• Texas Section 203.066 - Declaration Of Taking For Toll Project
  (a) This section and Section 203.067 apply only to a taking for a toll project. (b) The department may file a declaration of taking with...
• Texas Section 203.067 - Possession Of Property For Toll Project
  (a) Immediately on the filing of a declaration of taking under Section 203.066, the department shall serve a copy of the declaration on each person...
• Texas Section 203.068 - Right Of Entry For Toll Project
  (a) The department and its authorized agents may enter any real property, water, or premises in this state to make a survey, sounding, drilling, or...

SUBCHAPTER E RELOCATION OF UTILITY FACILITIES

• Texas Section 203.069 - Covenants, Conditions, Restrictions, Or Limitations
  Covenants, conditions, restrictions, or limitations affecting property acquired in any manner by the department are not binding against the department and do not impair the...
• Texas Section 203.091 - Definition
  In this subchapter, "utility" includes a publicly, privately, or cooperatively owned utility that provides telephone, telegraph, communications, electric, gas, heating, water, railroad, storm sewer, sanitary...
• Texas Section 203.092 - Reimbursement For Relocation Of Utility Facilities
  (a) A utility shall make a relocation of a utility facility at the expense of this state if relocation of the utility facility is required...
• Texas Section 203.0921 - Department Relocation Of Utility Facilities For Essential Highway Improvement
  (a) At the discretion of the department, the department may cause a utility to relocate a utility facility, or make a relocation of a utility...
• Texas Section 203.093 - Reimbursement From State Highway Fund
  (a) Reimbursement of the cost of relocation of the utility facility, as required by Section 203.092, may be made from the state highway fund to...
• Texas Section 203.0935 - Timely Agreement
  (a) If the department determines that a facility of a utility must be relocated to accommodate an improvement to the state highway system, the utility...
• Texas Section 203.094 - Timely Relocation
  (a) A utility that is eligible for reimbursement under Section 203.092 or that is eligible for reimbursement under applicable law and the policies of the...
• Texas Section 203.0941 - Utility Relocation Eligible For Financial Assistance From Water Development Board
  (a) The relocation of a utility facility required by improvement of any segment of the state highway system, for which a political subdivision receives financial...

SUBCHAPTER F USE OF CERTAIN PROPERTY

• Texas Section 203.095 - Rules
  The department shall adopt rules to implement this subchapter. Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
• Texas Section 203.111 - Lease For Parking Purposes
  (a) The commission may lease for parking purposes real property beneath an elevated section of a freeway located on real property for which the commission...
• Texas Section 203.112 - Prohibition Or Restriction Of Fireworks At Rest Area
  (a) In this section, "rest area" means public real property designated as a rest area, comfort station, picnic area, roadside park, or scenic overlook by...

Last modified: September 28, 2016