Sec. 254.008. REGULATION OF PRIVATE DITCHES IN COUNTIES OF 100,000 OR LESS. (a) In a county with a population of 100,000 or less, the commissioners court by order may:
(1) remove the blockage of a ditch on real property that is not owned by the county, if the ditch connects with a drainage ditch constructed or maintained by the county; or
(2) provide for the removal or clearance of a blockage from a ditch that is in violation of an order adopted under this section.
(b) Before a commissioners court acts to remove or clear a blockage under this section, the court shall send a notice by certified mail to the record owners of the property on which the blockage is located in violation of an order adopted under this section. The notice must inform the owners of the order and of the other relevant provisions of this section. The court may not remove or clear the blockage before the 20th day after the date the notice is sent.
(c) The commissioners court shall pay the costs incurred in clearing or removing a blockage under this section.
(d) In this section:
(1) "Blockage" means an accumulation of refuse, vegetation, or other matter in a ditch that substantially decreases or stops the flow of water through the ditch.
(2) "Ditch" includes a culvert.
Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.
Structure Texas Statutes
Subtitle C - County Roads and Bridges
Chapter 254 - Drainage on Public Roads
Section 254.002. Petition for Drainage Construction
Section 254.003. Notice of Hearing on Establishing Drainage System
Section 254.004. Hearing and Determination on Establishing Drainage System
Section 254.005. Authority to Provide Drainage
Section 254.006. Restrictions on Drainage Authority
Section 254.007. Private Ditches
Section 254.008. Regulation of Private Ditches in Counties of 100,000 or Less
Section 254.009. Drainage System Survey
Section 254.010. Appointment of Jury of View
Section 254.012. Notice to Property Owners of Jury Proceedings
Section 254.013. Claims by Property Owners
Section 254.014. Determination of Damages and Assessments; Action of Commissioners Court
Section 254.015. Appeals by Property Owners
Section 254.016. Procedures Governing Property Owner Appeal
Section 254.017. Certification and Collection of Assessments; Liens