(a) Before a road facility is conveyed to a governmental entity, a district may make a change to the road facility that is not included in the plan approved by the commission if:
(1) the board determines that the change is necessary to:
(A) comply with the requirements of the governmental entity to which the road facility is to be conveyed;
(B) comply with the requirements of each municipality in which or extraterritorial jurisdiction of which the road facility is to be located, if the road facility is to be conveyed to a county;
(C) provide an adequate and efficient road system for travelers in the district; or
(D) adjust to circumstances or requirements that did not exist when the commission approved the original plan; and
(2) the commission approves the change in writing.
(b) Before approving the change, the commission shall consult the governmental entity to which the road facility is to be conveyed regarding the proposed change.

Terms Used In Texas Transportation Code 441.116

  • 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.
  • Written: includes any representation of words, letters, symbols, or figures. See Texas Government Code 311.005

(c) Before making a change, a district to which Section 441.017 applies must receive written permission from the governmental entity assuming maintenance and any municipality in the extraterritorial jurisdiction of which the district is located.
(d) The commission shall adopt rules of procedure for:
(1) filing a request for a change; and
(2) approving a change.

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