Texas Attorney General Opinion: JM-892 Page: 4 of 10
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Honorable Neal E. Birmingham - Page 4 (JM-892)
directions shall be followed and obeyed
by all road overseers of his precinct.
(Emphasis added.)
Id. 3.001(a); 3.002(a); 3.003(a), (b).
An ex officio road commissioner also has the duties
of a supervisor of public roads within his precinct. A
road supervisor is required to "supervise the public
roads" in the precinct once each month and submit a sworn
report to each regular term of the commissioners court
showing the following:
(1) the condition of all roads and parts
of roads in his precinct;
(2) the condition of all culverts and
bridges;
(3) the amount of money remaining in the
hands of overseers subject to be expended on
the roads within his precinct;
(4) the number of mileposts and finger-
boards defaced or torn down;
(5) what, if any1 new roads of any kind
should be opened in his precinct and what,
if any, bridges, culverts. or other
imrovements are necessary... to place the
roads in his precinct in good condition and
the probable cost of the improvements; and
(6) the name of every overseer who has
failed to work on the roads or who in
any way neglected to perform his duty.
(Emphasis added.)
Id. 2.009(a). The supervisor's report is spread on the
minutes of the commissioners court "to be considered in
improving public roads and determining the amount of taxes
levied for public roads." Id. 2.009(b). The report must
also be submitted to the grand jury at the term first
following the report to the commissioners court, together
with any contracts made by the court since its last report
for work on any road. Id. 2.009(c).
The underscored language in sections 3.001 to 3.003
reflect the general understanding that the commissioners
court maintains general supervisory control over exp. 4373
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Texas. Attorney-General's Office. Texas Attorney General Opinion: JM-892, text, April 13, 1988; (https://texashistory.unt.edu/ark:/67531/metapth273330/m1/4/: accessed July 10, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.