News Article | July 20, 2022
Road & Bridge
|"Our county spent subdivision bonds funds to repair subpar roads in a local subdivision. The residents of the subdivision now expect the county to maintain the roads."|
If a county spends subdivision bond funds to complete or repair new subdivision streets that were improperly constructed or never completed, is the county obligated to accept the subdivision roads into the county road system and maintain them?
Probably not. Chapter 232 of the Local Government Code authorizes counties to require the owner of a tract to be subdivided to execute a bond payable to the county judge of the county in which the subdivision will be located or to the judge’s successors in office in an amount determined by the commissioners court to be adequate to ensure proper construction of roads and streets in and drainage requirements for the subdivision. In KP-0256, the Texas Attorney General recently found that Chapter 232 impliedly authorizes counties to spend subdivision bond proceeds to complete or repair subdivision streets or drainage facilities that were not completed or improperly constructed. Chapter 232 does not require a county to accept the repaired subdivision streets or roads into the county system or otherwise obligate the county to continue maintenance of the repaired streets or roads.