2005 Texas Transportation Code CHAPTER 472. MISCELLANEOUS PROVISIONS

TRANSPORTATION CODE

CHAPTER 472. MISCELLANEOUS PROVISIONS

SUBCHAPTER A. GOVERNMENT CONTRACTS FOR JOINT PAYMENT OF CERTAIN 
HIGHWAY COSTS


	§ 472.001. CONTRACTS BETWEEN CERTAIN GOVERNMENTAL 
ENTITIES TO ENGAGE IN JOINT PROJECT.  (a) A state agency, political 
subdivision, or road district of a county may contract with a 
transportation corporation created by the commission under Chapter 
431 or with another state agency, political subdivision, or road 
district to jointly pay all or part of the cost of:
		(1)  acquiring, designing, constructing, improving, or 
beautifying a state or local highway, turnpike, road, or street 
project;
		(2)  acquiring an interest in any real property 
required for or beneficial to the project;  and
		(3)  adjusting utilities for the project.                                     
	(b)  Costs of a project or payments required under a contract 
may be met out of bond proceeds, taxes, or other funds available for 
that purpose.
	(c)  A road district of a county or a political subdivision 
may:             
		(1)  issue bonds to pay costs of a project if it 
determines the project will benefit it;  or
		(2)  impose taxes in an amount necessary to create a 
sinking fund for payments required by a contract that provides for 
payment over a term of years.

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


	§ 472.002. CONTRACTS INVOLVING POLITICAL SUBDIVISION OR 
ROAD DISTRICT TO CONSTRUCT AND MAINTAIN HIGHWAY.  The governing 
body of a political subdivision or road district that determines an 
improvement is reasonable, necessary, and beneficial to the 
subdivision or district may contract with another governmental 
entity to:
		(1)  acquire with bond proceeds necessary 
rights-of-way for the road or highway;  and
		(2)  construct and maintain the road or highway in 
cooperation with the entity.

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


	§ 472.003. COUNTY PAYMENTS FOR JOINT HIGHWAY 
PROJECTS.  (a) The commissioners court of a county may issue bonds 
and contract with a road district, road utility district, state 
agency, or other governmental entity in the manner, for the term, 
and to the extent it may contract under Chapter 362, on determining 
that a road project, including a toll road project authorized under 
Chapter 441, is reasonable, necessary, and beneficial to the 
county.
	(b)  To pay the cost of a road project that serves the county 
and a road district of a county or road utility district, the 
commissioners court may:
		(1)  dedicate ad valorem taxes paid by owners of 
property in the county or district;  or
		(2)  use other county money.                                                  

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

SUBCHAPTER B. DEPARTMENT AUTHORITY TO REMOVE PROPERTY FROM STATE 
HIGHWAYS


	§ 472.011. DEFINITION.  In this subchapter, "personal 
property" includes personal property of any kind or character, 
including:
		(1)  a vehicle, as defined by Section 502.001, that is 
damaged or disabled; 
		(2)  spilled cargo;                                                           
		(3)  a hazardous material as defined by 49 U.S.C. App. 
Section 1802; and    
		(4)  a hazardous substance as defined by Section 
26.263, Water Code.        

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1171, § 1.43(a), eff. Sept. 1, 1997.


	§ 472.012. DEPARTMENT AUTHORITY GENERALLY.  (a) The 
department may remove personal property from the right-of-way or 
roadway of the state highway system if the department determines 
the property blocks the roadway or endangers public safety.
	(b)  The department may remove the personal property without 
the consent of the owner or carrier of the property.

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


	§ 472.013. OWNER AND CARRIER RESPONSIBLE FOR COSTS OF 
REMOVAL AND DISPOSITION.  The owner and the carrier of personal 
property removed under this subchapter shall reimburse the 
department for the costs of removal and disposition.

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


	§ 472.014. DEPARTMENT NOT LIABLE FOR 
DAMAGES.  Notwithstanding any other provision of law, the 
department and its officers and employees are not liable for:
		(1)  any damage to personal property resulting from its 
removal or disposal by the department unless the removal or 
disposal is carried out recklessly or in a grossly negligent 
manner;  or
		(2)  any damage resulting from the failure to exercise 
authority granted under this subchapter.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 1171, § 1.43(b), eff. Sept. 1, 1997.


	§ 472.015. CONTRACTS FOR REMOVAL OF PROPERTY.  In 
contracting with a private business or businesses for the removal 
of personal property from the right-of-way or roadway of the state 
highway system, the department may:
		(1)  use a purchasing method described in Chapter 2156, 
Government Code;    
		(2)  include the removal work in a contract entered 
into under Chapter 223;  or
		(3)  select a business or businesses based on an 
evaluation of the experience of the business and the price and 
quality of the business's equipment and services.

Added by Acts 2001, 77th Leg., ch. 1272, § 9.01, eff. June 15, 
2001.     

SUBCHAPTER C. CRIMINAL OFFENSES AND PENALTIES REGARDING WARNING 
SIGNS AND BARRICADES


	§ 472.021. TAMPERING WITH WARNING DEVICES.  (a) A person 
commits an offense if the person tampers with, damages, or removes a 
barricade, flare pot, sign, flasher signal, or other device warning 
of construction, repair, or detour on or adjacent to a highway set 
out by the state, a political subdivision, a contractor, or a public 
utility.
	(b)  This section does not apply to a person acting within 
the scope and duty of employment if the person is:
		(1)  an officer, agent, independent contractor, 
employee, or trustee of the state or a political subdivision;
		(2)  a contractor;  or                                                        
		(3)  a public utility.                                                        
	(c)  An offense under this section is a misdemeanor 
punishable by:           
		(1)  a fine of not less than $25 or more than $1,000;                         
		(2)  confinement in a county jail for a term not to 
exceed two years;  or   
		(3)  both the fine and the confinement.                                       
	(d)  In this section:                                                          
		(1)  "Contractor" means a person engaged in highway 
construction or repair under contract with this state or a 
political subdivision of this state.
		(2)  "Highway" means the entire width between the 
boundary lines of a publicly maintained way, any part of which is 
open to the public for vehicular travel or any part of which is 
under construction or repair and intended for public vehicular 
travel on completion.  The term includes the space above or below 
the highway surface.
		(3)  "Person" means an individual, firm, association, 
or corporation and includes an officer, agent, independent 
contractor, employee, or trustee of that individual or entity.
		(4)  "Political subdivision" includes a county, 
municipality, local board, or other body of this state having 
authority to authorize highway construction or repair.
		(5)  "Public utility" means:                                                  
			(A)  a telegraph, telephone, water, gas, light, or 
sewage company or cooperative;
			(B)  a contractor of a company or cooperative 
described by Subdivision (A);  or
			(C)  another business recognized by the 
legislature as a public utility.   

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


	§ 472.022. OBEYING WARNING SIGNS AND BARRICADES.  (a) A 
person commits an offense if the person:
		(1)  disobeys the instructions, signals, warnings, or 
markings of a warning sign;  or
		(2)  drives around a barricade.                                               
	(b)  This section does not apply to:                                           
		(1)  a person who is following the directions of a 
police officer;  or      
		(2)  a person, including an employee of the department, 
a political subdivision of this state, or a contractor or 
subcontractor, whose duties require the person to go beyond or 
around a barricade.
	(c)  Each violation of this section is a separate offense.                     
	(d)  An offense under this section is a misdemeanor 
punishable by a fine of not less than $1 or more than $200, except 
that:
		(1)  if the offense is committed in a construction or 
maintenance work zone when workers are present and any written 
notice to appear issued for the offense states on its face that 
workers were present when the offense was committed, the offense is 
a misdemeanor punishable by a fine of not less than $2 or more than 
$400;  or
		(2)  if a person commits an offense under Subsection 
(a) where a warning sign or barricade has been placed because water 
is over any portion of a road, street, or highway, the offense is a 
Class B misdemeanor.
	(e)  In this section:                                                          
		(1)  "Barricade" means an obstruction:                                        
			(A)  placed on or across a road, street, or 
highway of this state by the department, a political subdivision of 
this state, or a contractor or subcontractor constructing or 
repairing the road, street, or highway under authorization of the 
department or a political subdivision of this state;  and
			(B)  placed to prevent the passage of motor 
vehicles over the road, street, or highway during construction, 
repair, or dangerous conditions.
		(2)  "Construction or maintenance work zone" means a 
portion of a highway or street:
			(A)  where highway construction or maintenance is 
being undertaken, other than mobile operations as defined by the 
Texas Manual on Uniform Traffic Control Devices;  and
			(B)  that is marked by signs:                                                
				(i)  indicating that it is a construction or 
maintenance work zone;       
				(ii)  indicating where the zone begins and 
ends;  and                     
				(iii)  stating:  "Fines double when workers 
present."                     
		(3)  "Warning sign" means a signal, marking, or device 
placed on a barricade or on a road, street, or highway during 
construction, repair, or dangerous conditions by the department, a 
political subdivision of this state, or a contractor or 
subcontractor to warn or regulate motor vehicular traffic.  The 
term includes a flagger deployed on a road, street, or highway by 
the department, a political subdivision of this state, or a 
contractor or subcontractor to direct traffic around or on the 
road, street, or highway during construction, repair, or dangerous 
conditions.
	(f)  Articles 45.051 and 45.0511, Code of Criminal 
Procedure, do not apply to an offense under this section committed 
in a construction or maintenance work zone when workers are 
present.

Acts 1995, 74th Leg., ch. 165, § 1, eff. Sept. 1, 1995.  Amended 
by Acts 1997, 75th Leg., ch. 674, § 1, eff. Jan. 1, 1998;  Acts 
1999, 76th Leg., ch. 789, § 1, 2, eff. Sept. 1, 1999;  Acts 1999, 
76th Leg., ch. 965, § 1, eff. Sept. 1, 1999;  Acts 1999, 76th 
Leg., ch. 1088, § 1, eff. Sept. 1, 1999;  Acts 2001, 77th Leg., 
ch. 1420, § 19.005, eff. Sept. 1, 2001;  Acts 2003, 78th Leg., 
ch. 991, § 1, eff. Sept. 1, 2003;  Acts 2003, 78th Leg., ch. 1182, 
§ 3, eff. Sept. 1, 2003;  Acts 2005, 79th Leg., ch. 576, § 1, 2 
eff. Sept. 1, 2005.

SUBCHAPTER D. METROPOLITAN PLANNING ORGANIZATIONS


	§ 472.031. DEFINITIONS.  In this subchapter:                                
		(1)  "Metropolitan planning organization" means a 
metropolitan planning organization designated or redesignated 
under 23 U.S.C. Section 134.
		(2)  "Policy board" means the policy board of a 
metropolitan planning organization.

Amended by Acts 2005, 79th Leg., ch. 537, § 1, eff. Sept. 1, 
2005.       


	§ 472.032. VOTING PROXIES BY POLICY BOARD MEMBERS.  (a) A 
policy board may provide in its bylaws for appointment of voting 
proxies by its members.
	(b)  A proxy appointed under Subsection (a):                                   
		(1)  acts on behalf of and under the supervision of the 
policy board member who appointed the proxy;
		(2)  must be appointed in writing;  and                                       
		(3)  is authorized to vote for the policy board member 
who appointed the proxy to the extent the member has given the proxy 
the member's voting power.

Text of subsec. (c) as added by Acts 2005, 79th Leg., ch. 281, § 
2.82
	(c)  A legislative member of a policy board may not be 
counted as absent at a meeting of the policy board during a 
legislative session.

Text of subsec. (c) as added by Acts 2005, 79th Leg., ch. 565, § 1
	(c)  A legislative member of a policy board may only appoint 
a proxy under Subsection (a) who is:
		(1)  the legislative member's employee or staff member;                       
		(2)  a person related to the member within the second 
degree by consanguinity, as determined under Subchapter B, Chapter 
573, Government Code, who is not required to register as a lobbyist 
under Chapter 305, Government Code;
		(3)  another legislative member of the policy board;  
or                    
		(4)  a locally elected official.                                              

Added by Acts 2003, 78th Leg., ch. 267, § 1, eff. June 18, 2003.  
Amended by Acts 2005, 79th Leg., ch. 281, § 2.82, eff. June 14, 
2005;  Acts 2005, 79th Leg., ch. 565, § 1, eff. June 17, 2005.  
Redesignated from V.T.C.A., Transportation Code § 472.031 and 
amended by Acts 2005, 79th Leg., ch. 537, § 1, eff. Sept. 1, 
2005.


	§ 472.033. APPLICABILITY OF CONFLICTS OF INTEREST LAW TO 
POLICY BOARD MEMBERS.  (a) A policy board member is considered to 
be a local public official for purposes of Chapter 171, Local 
Government Code.
	(b)  If a policy board member must abstain from participation 
in a vote or decision under Section 171.004, Local Government Code, 
the member's proxy appointed under Section 472.032 may not 
participate in the vote or decision.
	(c)  The appointment of a proxy by a policy board member does 
not excuse the member from filing an affidavit required under 
Section 171.004, Local Government Code.

Added by Acts 2005, 79th Leg., ch. 537, § 1, eff. Sept. 1, 2005.