CHAPTER 221. GENERAL PROVISIONS

TRANSPORTATION CODE

TITLE 6. ROADWAYS

SUBTITLE B. STATE HIGHWAY SYSTEM

CHAPTER 221. GENERAL PROVISIONS

Sec. 221.001. DEFINITIONS. In this subtitle:

(1) "Highway" includes a tolled or nontolled public road or part

of a tolled or nontolled public road and a bridge, culvert,

building, or other necessary structure related to a public road.

(2) "Improvement" includes construction, reconstruction,

maintenance, and the making of a necessary plan or survey before

beginning construction, reconstruction, or maintenance.

(3) "State highway system" means the highways in this state

included in the plan providing for a system of state highways

prepared by the director under Section 201.103.

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

Amended by:

Acts 2005, 79th Leg., Ch.

281, Sec. 2.15, eff. June 14, 2005.

Sec. 221.002. AGREEMENTS WITH MUNICIPALITIES. The commission

and the governing body of a municipality, including a home-rule

municipality, may agree to:

(1) provide for the location, relocation, improvement, control,

supervision, and regulation of a designated state highway in the

municipality; and

(2) establish the respective liabilities and responsibilities of

the commission and the municipality under the agreement.

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

Sec. 221.003. IMPROVEMENT OF STATE HIGHWAY SYSTEM. (a)

Improvement of the state highway system with federal aid shall be

made under the exclusive and direct control of the department and

with appropriations made by the legislature out of the state

highway fund.

(b) The department may improve the state highway system without

federal aid either with or without county aid. Improvements made

without federal aid must comply with Section 223.045.

(c) The department shall make or prepare any survey, plan,

specifications, or estimate for an improvement of the state

highway system if any part of the improvement will be made with

federal aid.

(d) The commissioners court of a county may not directly control

the making of an improvement of the state highway system unless

the plan and specifications for the improvement have been

approved by the director.

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