75R12493 DRH-F                          

         By Madla                                               S.B. No. 205

         Substitute the following for S.B. No. 205:

         By Kamel                                           C.S.S.B. No. 205

                                A BILL TO BE ENTITLED

 1-1                                   AN ACT

 1-2     relating to the administration of county roads.

 1-3           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-4           SECTION 1.  Section 251.005(a), Transportation Code, is

 1-5     amended to read as follows:

 1-6           (a)  A county commissioner serving as a road supervisor shall

 1-7     make a sworn report during the ninth month of the county fiscal

 1-8     year on a form approved by [to each regular term of] the

 1-9     commissioners court  showing:

1-10                 (1)  the condition of each road or part of a road and

1-11     of each culvert and bridge in the commissioner's precinct;

1-12                 (2)  the amount of money reasonably necessary for

1-13     maintenance of [held by overseers available to be spent on] the

1-14     roads in the precinct  during the next county fiscal year;

1-15                 (3)  the number of traffic control devices [mileposts

1-16     and fingerboards] in the precinct defaced or torn down;

1-17                 (4)  any new road that should be opened in the

1-18     precinct;  and

1-19                 (5)  any bridges, culverts, or other improvements

1-20     necessary to place the roads in the precinct in good condition, and

1-21     the probable cost of the improvements[; and]

1-22                 [(6)  the name of each overseer who has failed to work

1-23     on the roads or who in any way neglected to perform the overseer's

1-24     duties].

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

 2-2     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,

2-26     Transportation Code, to Section 1, Chapter 568, Acts of the 74th

2-27     Legislature, Regular Session, 1995.  To the extent of any conflict,

 3-1     this Act prevails over another Act of the 75th Legislature, Regular

 3-2     Session, 1997, relating to nonsubstantive additions and amendments

 3-3     to enacted codes.

 3-4           SECTION 5.   The importance of this legislation and the

 3-5     crowded condition of the calendars in both houses create an

 3-6     emergency and an imperative public necessity that the

 3-7     constitutional rule requiring bills to be read on three several

 3-8     days in each house be suspended, and this rule is hereby suspended,

 3-9     and that this Act take effect and be in force from and after its

3-10     passage, and it is so enacted.