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In KP-0245 there was a question about how local law enforcement can enforce truck weight enforcment. Here’s the big picture:
KP-0240 is about whether a pulic road with a gate on on it, can the county open the gate, effectively treating the road as a county road.
What did the Attorney General Opinion say about what the county can or cannot do with the gate on the public road? Until the road is a county road, or the county is party ot a court order, the county cnanot open the gate
What do I need to know about public roads and county roads from a regulatory/legislative approach?
Requestor: Liberty County Attorney
Questions for the Texas Attorney General to answer:
Requestor: Bosque County Judge
Question to answer: is the Commissioners’ Court required to maintain this road, a public, third class road?
What’s happening in Bosque County? A public road, the ownership of which has been litigated, has a gate across it thanks to a landowner. The commissioners court has been asked to remove the gate to allow public access.
Background:
What’s the question for the Attorney General? Whether the hiring of Farenthold, as a lobbyist, erquired posting that the hiring was specific to services as a lobbyist
What’s the brouhaha over the Open Meetings Act? Those who say the Act was violated say there was no posting for the hiring of…
The question the Texas Attorney General Answered: whether the Texas Transportation Commission may use Proposition 1 and Proposition 7 funds on toll projects.
What complicated the question & answer: That roads in Texas are often mixed, partially free and partially tolled.
Why do roads that have tolled and free lanes make the answer more complicated? There is no guidance in statute and no guidance in case law for whether a “toll road” and “toll project” are the same and thus the constitutional…
Texas Attorney General Opinion, KP-0189, answers this question from the Liberty County Attorney:
Whether an elected constable and deputy constables may simultaneously serve under the sheriff, specifically to perform tasks related to the duties of a weight- enforcement officer under Transportation Code chapter 621
What does the Opinion say?
LOOPHOLES in the Attorney General Cap on administrative fees: toll roads that are operated by non-TXDOT entities, or that have contracts awarded for operation by non-TXDOT entities.
What’s an example of a non-TXDOT tollroad? Tollraods operated by Central Texas Regional Mobility Authority
What’s the legislative fix? Adding the administrative cap to Texas Transportation Code, Section 370 which govrns tollroads operated by regional mobility authorities.
Texas Attorney General Opinion KP-0184 establishes that 2017’s SB 312 caps administrative fees of private toll operators too.
Yes, yes it does and here is why:
Texas Attorney General Opinion request RQ-0192-KP asks whether Propositions 1 and 2, that prohibited the use of dedicated funds for toll projects, can provide funding for toll road projects.
Update:
Texas Tribune | TxDOT eyeing accounting trick to get around toll road prohibition
TXDOT’s point of view: