Texas Transportation Code 441.025 – Grounds Requiring Granting of Petition
Terms Used In Texas Transportation Code 441.025
- in writing: includes any representation of words, letters, or figures, whether by writing, printing, or other means. See Texas Government Code 312.011
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Person: includes corporation, organization, government or governmental subdivision or agency, business trust, estate, trust, partnership, association, and any other legal entity. See Texas Government Code 311.005
- Property: means real and personal property. See Texas Government Code 311.005
- Real property: Land, and all immovable fixtures erected on, growing on, or affixed to the land.
The commission shall grant the creation of the district and approve the plan if it finds that:
(1) the creation of the district will benefit the real property in the district;
(2) each proposed road facility is feasible, practicable, and necessary and will benefit the district and the real property in the district;
(3) each governmental entity to which a road facility is to be conveyed has approved the preliminary plan for the road facility;
(4) the person seeking approval has agreed in writing to comply with the requirements of each municipality in which or extraterritorial jurisdiction of which a road facility is to be located, if the road facility is to be conveyed to a county;
(5) each governmental entity to which a road facility is to be conveyed has agreed, by issuing an approval statement, to accept the conveyance; and
(6) the district will be financially able to issue and pay its bonds.