- (a) Texas Transportation Code, Chapter 441, authorizes a district operating pursuant to the Texas Water Code, Chapter 54, and which has the power to levy taxes to petition the Department of Transportation, after first obtaining approval of the Texas Natural Resource Conservation Commission, to acquire the powers granted under said Texas Transportation Code, Chapter 441, to road utility districts. Texas Transportation Code, §441.051 requires the written consent of the landowners within the boundaries of the district to be given to the governing board of the district to file a petition with the Department of Transportation.
- (b) Authority to add road utility district powers is also given to municipal utility districts in Chapter 951, Acts of the 69th Legislature, 1985, which added §54.234 and §54.235 to the Texas Water Code. This section and §293.202 of this title (relating to Application Requirements for Commission Approval) of this chapter will provide the requirements for obtaining approval of the commission to petition the Texas Department of Transportation for road utility district powers.
Source Note:The provisions of this §293.201 adopted to be effective September 5, 1986, 11 TexReg 3748; amended to be effective October 22, 1996, 21 TexReg 9905.