Tex. Transp. Code Section 441.017
Approval of Preliminary Plan for Road Facility in Municipality or Municipality’s Extraterritorial Jurisdiction

(a)

This section applies only to a district that:

(1)

is located in whole or part in a municipality or the extraterritorial jurisdiction of a municipality; and

(2)

constructs, acquires, or improves a road facility that is to be:

(A)

located in a municipality or a municipality’s extraterritorial jurisdiction; and

(B)

conveyed to the county under Section 441.133 (Conveyance Required).

(b)

A county may not approve a preliminary plan or issue an approval statement for a road facility to which this section applies unless the person who seeks the approval agrees in writing to comply with the municipality’s requirements for construction, acquisition, or improvement of a road facility in the municipality or the municipality’s extraterritorial jurisdiction. The county shall consult the municipality to ensure that the preliminary plan complies with those requirements.

(c)

Not later than the 55th day after the date the plan is filed with the county, a municipality must complete its review of the plan and issue to the county and the person who submitted the plan a written statement approving the plan as complying with the municipality’s requirements. Except as provided by Subsection (d):

(1)

the county may not issue an approval statement under Section 441.015 (Granting or Denying Approval of Preliminary Plan) until it receives the written statement from each municipality; and

(2)

the person petitioning for creation of the district must submit the municipality’s written statement in addition to other required documents.

(d)

If a municipality does not timely file its statement with the county:

(1)

the municipality waives its right to review and approve the plan;

(2)

the county may issue the approval statement without the municipality’s statement;

(3)

the person who submitted the plan may petition for creation of the district without the municipality’s statement; and

(4)

the county shall issue to the person who submitted the plan a letter explaining that the municipality’s statement was not timely filed, and the person shall submit the letter with the petition to the commission.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

Source: Section 441.017 — Approval of Preliminary Plan for Road Facility in Municipality or Municipality's Extraterritorial Jurisdiction, https://statutes.­capitol.­texas.­gov/Docs/TN/htm/TN.­441.­htm#441.­017 (accessed Jun. 5, 2024).

441.001
Definitions 441.002
Commission Rules 441.011
Creation 441.012
Territory 441.013
Submission of Preliminary Plan 441.014
Review of Preliminary Plan 441.015
Granting or Denying Approval of Preliminary Plan 441.016
Approval of Multiple Governmental Entities 441.017
Approval of Preliminary Plan for Road Facility in Municipality or Municipality’s Extraterritorial Jurisdiction 441.018
Petition Required 441.019
Contents of Petition 441.020
Filing of Preliminary Plan and Approval Statement 441.021
Petition Fee 441.022
Hearing Required 441.023
Notice of Hearing 441.024
Granting or Denying Petition 441.025
Grounds Requiring Granting of Petition 441.026
Grounds Requiring Denial of Petition 441.027
Other Considerations in Granting or Denying Petition 441.028
Adjustment of Boundaries 441.029
Temporary Directors 441.030
Confirmation Election 441.031
Notice of Confirmation Election 441.032
Ballot for Confirmation Election 441.033
Canvass 441.034
Effect of Confirmation Election 441.035
Including Bond Proposition at Election 441.071
Board of Directors 441.072
Board of Directors in Certain Districts 441.073
Election of Directors 441.074
Term 441.075
Compensation 441.076
Vacancy 441.077
Officers 441.078
General Manager 441.079
Other Officers 441.080
Personnel 441.081
Officer’s, Employee’s, or Contractor’s Bond 441.082
Meetings 441.083
Vote Required for Action 441.084
Records 441.085
Office 441.086
Seal 441.101
General Powers and Duties 441.102
Rules 441.103
Suit and Judgment 441.111
Construction, Acquisition, or Improvement of Road Facility 441.112
Progress Payments 441.113
Joint Project 441.114
Competitive Bids 441.115
Contractor Bond 441.116
Changes to Road Facilities 441.117
Monitoring Work 441.131
Hearing on Final Approval 441.132
Decision on Approval 441.133
Conveyance Required 441.134
Commission Conveyance Order 441.135
Transfer of Ownership and Responsibility 441.136
Effect of Conveyance on Indebtedness 441.137
Partial Conveyance 441.151
Fiscal Year 441.152
Budget 441.153
Audit 441.154
Depository 441.155
Payment of Expenses 441.156
Authorized Investments 441.157
Investment Representative 441.158
Borrowing Money 441.171
Issuance of Bonds 441.172
Tax Bond Election 441.173
Form and Provisions of Bonds 441.174
Examination 441.175
Refunding Bonds 441.176
Tax Exemption 441.177
Bondholder Mandamus 441.178
Use of Bond Proceeds 441.179
Disposition of Proceeds 441.180
Manner of Repayment 441.191
Imposition of Taxes 441.192
Maintenance Tax 441.193
Tax Rate 441.194
Appointment of Tax Assessor-collector 441.195
Imposition of Taxes During First Year 441.196
All Property Taxed 441.197
Fees 441.198
Bond Anticipation Notes 441.211
Petition for Annexation 441.212
Board Decision 441.213
Commission Approval 441.214
Recording Petition 441.215
Assumption of Debt Share 441.216
Unissued Bonds 441.231
Petition for Dissolution 441.232
Commission Dissolution Order 441.233
Transfer of District Money
Green check means up to date. Up to date

Accessed:
Jun. 5, 2024

§ 441.017’s source at texas​.gov