AN ACT

 1-1     relating to the administration of county roads.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subsection (a), Section 251.005, Transportation

 1-4     Code, is amended to read as follows:

 1-5           (a)  A county commissioner serving as a road supervisor shall

 1-6     make a sworn report during the ninth month of the county fiscal

 1-7     year on a form approved by [to each regular term of] the

 1-8     commissioners court showing:

 1-9                 (1)  the condition of each road or part of a road and

1-10     of each culvert and bridge in the commissioner's precinct;

1-11                 (2)  the amount of money reasonably necessary for

1-12     maintenance of [held by overseers available to be spent on] the

1-13     roads in the precinct during the next county fiscal year;

1-14                 (3)  the number of traffic control devices [mileposts

1-15     and fingerboards] in the precinct defaced or torn down;

1-16                 (4)  any new road that should be opened in the

1-17     precinct; and

1-18                 (5)  any bridges, culverts, or other improvements

1-19     necessary to place the roads in the precinct in good condition, and

1-20     the probable cost of the improvements[; and]

1-21                 [(6)  the name of each overseer who has failed to work

1-22     on the roads or who in any way neglected to perform the overseer's

1-23     duties].

 2-1           SECTION 2.  Subsection (b), Section 252.101, Transportation

 2-2     Code, is amended to read as follows:

 2-3           (b)  Notwithstanding Subsection (a), the commissioners court

 2-4     of Collin, [or] Dallas, or Van Zandt County may adopt this

 2-5     subchapter instead of the special law for that county if the court

 2-6     determines that this subchapter is better suited to that county

 2-7     than the special law.

 2-8           SECTION 3.  Subchapter A, Chapter 256, Transportation Code,

 2-9     is amended by adding Section 256.009 to read as follows:

2-10           Sec. 256.009.  REPORT TO COMPTROLLER.  (a)  Not later than

2-11     January 30 of each year, the county auditor or, if the county does

2-12     not have a county auditor, the official having the duties of the

2-13     county auditor shall file a report with the comptroller stating the

2-14     total amount of expenditures for county road and bridge

2-15     construction, maintenance, rehabilitation, right-of-way

2-16     acquisition, and utility construction and other appropriate road

2-17     expenditures of county funds in the preceding county fiscal year

2-18     that are required by the constitution or other law to be spent on

2-19     public roads or highways.  The report must be in a form prescribed

2-20     by the comptroller.

2-21           (b)  The comptroller may distribute money under Section

2-22     256.002(a) to a county only if the most recent report required by

2-23     Subsection (a) has been filed.

2-24           SECTION 4.  In addition to the substantive changes made by

2-25     this Act, Section 3 of this Act conforms Subchapter A, Chapter 256,

 3-1     Transportation Code, to Section 1, Chapter 568, Acts of the 74th

 3-2     Legislature, 1995.  To the extent of any conflict, this Act

 3-3     prevails over another Act of the 75th Legislature, Regular Session,

 3-4     1997, relating to nonsubstantive additions and amendments to

 3-5     enacted codes.

 3-6           SECTION 5.  The importance of this legislation and the

 3-7     crowded condition of the calendars in both houses create an

 3-8     emergency and an imperative public necessity that the

 3-9     constitutional rule requiring bills to be read on three several

3-10     days in each house be suspended, and this rule is hereby suspended,

3-11     and that this Act take effect and be in force from and after its

3-12     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 205 passed the Senate on

         February 10, 1997, by the following vote:  Yeas 31, Nays 0; and

         that the Senate concurred in House amendment on May 26, 1997, by a

         viva-voce vote.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 205 passed the House, with

         amendment, on May 23, 1997, by the following vote:  Yeas 123,

         Nays 0, two present not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor