Texas Codes

Tex. Transp. Code § 203.003 (2026)

Jurisdiction

✓ current as of May 2026

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Sec. 203.003. JURISDICTION. (a) Subject to Section 203.021, the commission may lay out, construct, maintain, and operate a designated state highway, with control of access as necessary to facilitate the flow of traffic and promote the public safety and welfare, in any area of this state, whether in or outside a municipality, including a home-rule municipality.

(b) Subject to Section 203.021, the department and the commission may exercise any power granted by this chapter in a county or municipality without the consent of the county or municipality.

(c) The department's or the commission's exercise of a power under this chapter in a county or municipality removes the county's or municipality's exclusive jurisdiction over the specific public way affected by the exercise of power, to the extent the exercise of power affects the public way and its use.

Acts 1995, 74th Leg., ch. 165, Sec. 1, eff. Sept. 1, 1995.

SUBCHAPTER B. PUBLIC HEARINGS AND COMMENT

Notes of Decisions

Cited in 4 cases (1 in the last 5 years), 1999–2021 · leading case: Texas Dep't of Transp. v. City of Sunset Valley, 8 S.W.3d 727 (Tex. App. 1999).

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Texas Dep't of Transp. v. City of Sunset Valley, 8 S.W.3d 727 (Tex. App. 1999). “(holding that legal title to city streets belongs to State and that cities’ authority and control limited to extent delegated by legislature or state constitution); Tex. Transp. Code Ann. § 203.003 (West Supp.”

Town of Westlake, Texas v. City of Southlake, Texas (Tex. App. 2021). “” See Tex. Transp. Code Ann. § 203.003 (c). At this point, the parties’ positions are ships passing in the night.”

Michael J. DeLitta & DeLCom Props., LLC v. Nancy Schaefer (Tex. App. 2015). “1999) (authorizing transportation commission to exercise powers to lay out, construct, maintain, and operate a state highway in a county or municipality without consent of county or municipality). TxDOT contends that because Sunset Valley cannot successfully bring an action for…”

Texas Dep't of Transp. Charles W. Heald, in His Individual & Off. Capacity as Exec. Dir. of the Texas Dep't of Transp. v. City of Sunset Valley (Tex. App. 1999). “1956) (holding that legal title to city streets belongs to State and that cities' authority and control limited to extent delegated by legislature or state constitution); Tex. Transp. Code Ann. § 203.003 (West Supp.”

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