We have just learned that Transportation Code Sec. 251.005 requires the Commissioner's Court to prepare an annual road report and submit that report, along with all contracts made by the commissioner's court for any work on any road, to the Grand Jury each year. Can anyone tell us what this is for and what the duties of the Grand Jury would be in regard to the report and contracts?

This is an OLD requirement; I've covered it in my road talks to the civil folk, as well as when I talk to the Commissioners at their meetings.

The "why" is buried in antiquity, as is the "what they do with it". I have a form in the paper, and have suggested that the Commissioners give them to the DA or CA, let them take them to the Grand Jury and explain that they merely "receive" them, then file them to collect dust for the next millenia...but if anyone askes, you did it!

Lisa L. Peterson
Nolan County Attorney

Murder has been on the books for some time... does that make it irrelevant? The purpose of the report is stated plainly in the code(b)The report shall be entered in the minutes of the commissioners court to be considered in improving public roads and determining the amount of taxes imposed for public roads.

From a public policy viewpoint it makes perfect sense. The grand jury issue is another matter.

I imagine that the per capita murder rate is infinitely higher than the rate of completion of the commissioners road report, figured on a per commissioner basis across the state.

Any opinions as to the penalty for failing to file such a report? (My guess would be that a judge would order the County to start filing the report and obey the law in the future.) I do not think that the failure to file invalidates any prior action or subjects anyone to any kind of punishment.

I have not been able to find a penalty in the statute. Presumably an opponent could use the failure to do so against a commissioner...but that is the only thing I see.

Lisa L. Peterson
Nolan County Attorney