As part of our special issue dedicated to new officials, we are providing a brief snapshot of Texas county road systems. We will further explore road issues in our Annual July Road and Bridge Issue.
Choosing a System
Despite the overwhelming number of varied issues facing county commissioners courts, road concerns continue to rise to the top.
Chapters 251 and 252 of the Texas Transportation Code discuss general county authority relating to roads and bridges and systems of county road administration, respectively. The first two road management options are known as precinct systems, whereby county commissioners oversee the roads in their individual precincts.
1. Road Supervisor System – Chapter 251.004
The county commissioners are the supervisors of the public roads in a county unless the county adopts an optional system of administering the county roads under Chapter 252.
The statute requires a county commissioner serving as a road supervisor to supervise the public roads in the commissioner's precinct at least once each month and make a report during the ninth month of the county’s fiscal year showing:
a) the condition of each road or part of a road and of each culvert and bridge in the commissioner's precinct;b) the amount of money reasonably necessary for maintenance of the roads in the precinct during the next county fiscal year;c) the number of traffic control devices in the precinct defaced or torn down;d) any new road that should be opened in the precinct; and e) any bridges, culverts, or other improvements necessary to place the roads in the precinct in good condition, and the probable cost of the improvements.
2. Ex Officio Road Commissioner System – Chapter 252.001
The commissioner takes care of the roads in the commissioner’s precinct. Under rules adopted by the court, the commissioner directs the laying out of new roads, construction or changing of roads, and building of bridges. Subject to authorization of the court, the commissioner can hire employees, to be paid from the county road and bridge fund.
According to the statute, “an ex officio road commissioner has the duties of a supervisor of public roads…”
In the remaining three systems described in the statute, roads are primarily managed by employees other than the county commissioners.
Road Commissioner System – Chapter 252.101
The law allows commissioners to employ up to four road commissioners who are subject to the control, supervision, orders and approval of the commissioners court. The road commissioner ensures that roads and bridges are kept in good repair, establishes a system of grading and draining public roads, and spends funds as needed on the public roads, bridges and culverts. Road commissioners may use road districts separate from precincts or operate under a countywide or consolidated system. The road commissioner is required to give regular reports to the court.
Road Superintendent System – Chapter 252.201
This system is quite similar to the Road Commissioner System. The court appoints a superintendent for the county or one superintendent for each precinct for a two-year term. Work performed under the superintendent is subject to the general supervision of the commissioners court. The superintendent directs the laying out, construction, changing and repairing of roads and bridges and other related duties including grading and draining.
5. County Road Department System – Road Engineer or Road Administrator – Chapter 252.301
This system, commonly referred to as the unit system, requires a petition signed by at least 10 percent of the numbers cast in the last election for governor. The petition is presented and certified by the clerk, like any other election, and then goes on the ballot. If passed, the countywide system is imposed upon the county and cannot be done away with except by another petition and vote.
The system creates a county road department that includes the court as a policymaking body and the county road engineer as the chief executive officer. The court appoints a licensed, professional engineer for an indefinite term. If a county cannot for good reason hire an engineer, the law allows the county to appoint a county road administrator who has had experience in road building or maintenance or other types of construction work.
Two key elements make this system unique. First, every road activity, whether it be construction, maintenance, or use of county road department equipment, is “to be based on the county as a whole without regard to commissioners’ precincts,” according to the statute.
Second, while the court maintains general policymaking authority, the engineer or road administrator is the executive officer, meaning he or she makes key decisions including hiring and firing. This contrasts with the Road Commissioner and Road Superintendent systems, in which the court maintains a supervisory role.
With a unit road system, the court has a liaison with a road administrator hired by the entire court and voted on by the court. The road administrator submits monthly reports and supervises his own employees.
To read more about county road systems, go to countyprogress.com, July 2010 issue.