A county with a population of 7,500,000 or less, according to the latest federal census, can build and maintain private roads if it imposes a reasonable fee for work. Legislation can limit this power by the common law. Revenues from private roadworks can only be used for construction, including highways, or for the maintenance of public roads. [3] 1. The provisions of the Texas Constitution prohibiting the use of public funds for private purposes are a valuable protection against the waste of public funds. The proposed amendment would undermine this protection by opening up a large number of potential abuses. The amendment simply provides that municipalities receive a “reasonable fee” for the construction of private roads; District governments might be tempted to reward friends with cheap street work. David Plott, an engineer and former public planning consultant, proposes that neighbours meet in situations without a private road maintenance agreement to find common ground and recognize that a quality street will increase the real estate values of all. “Have a big party together and do it,” he says. “I insist on the whole game. It`s got to be everybody. 3. The amendment is permissive and not mandatory. Counties are not required to carry out private roadworks if they wish, but counties that wish to carry out such work will have the necessary legal authority.

[3] The proposed amendment would give rural counties and private owners in these counties greater flexibility in updating poorly maintained private roads. In many rural counties, it is rare for private contractors to be available to do the work. Poorly maintained roads pose risks to the public safety of citizens and emergency services. Private landowners would still have the flexibility to hire a private business instead of the county if they decided to do so. This authority has been in place since 1980 and was designed to help rural homeowners build safe roads connected to public highways when earthmoving and other road vehicles are not readily available or affordable. If landowners are not able to award contracts for road construction in the county, the result tends to be a dirty and dangerous private road. Prior to 1980, counties were prohibited from carrying out private roadworks or providing equipment and personnel for private roadworks, although some counties did so anyway.

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