Somewhere in the deep dark recesses of my mind I seem to recall that on class "c" roads the county can authorize that a cattle-guard to be installed. Is that correct and if so can the county purchase one and install it. I have a dispute between property owners and a commissioner as to whether a road is a county road or not. I have worked out a possible compromise if the answer to the above is yes.

Check out Atty Gen. Opinion JC-245 and Transportaion Code 251.009, for starters.

Yep, the statute allows it...251.009 of the Transportation Code. Population must be under 60,000. The comm. court must establish plans and specs for inspection. A person who constructs a cattle guard on a county road that does not conform to the plans and specs commits an offense.

The comm. court may construct a cattle guard on a county road of any class and may pay for its construction from the county road and bridge fund if the court finds that the construction of the cattle guard is in the best interest of the residents of the county.