SECTION 29.5. Maintenance of Designated Highways in Incorporated Cities, Towns, or Villages

(a) The department, when and if requested by the proper governing officials of an incorporated city, town, or village, may maintain highway routes, as may now or hereinafter be officially designated on the state highway system by the Texas Transportation Commission, in such incorporated cities, towns, or villages; provided, all items that affect property rights, life, health, etc., of adjacent property owners and dwellers within the limits of the incorporated cities, towns, or villages shall remain a function and responsibility of the incorporated cities, towns, or villages.

(b) The department's maintenance duties on noncontrolled access highways on the state highway system, except for special highway routes which have unusual conditions or historically significant features where it would be in the state's best interest to allow or require the incorporated city, town, or village to maintain, shall include the following:

(1) the traveled surface and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered;

(2) assistance in mowing and litter pickup;

(3) assistance in sweeping and otherwise cleaning the pavement;

(4) assistance in snow and ice control;

(5) normal markings and signs necessary for directing highway traffic in a safe and efficient manner; and

(6) drainage facilities within the limits of the right of way.

(c) The department's maintenance duties on controlled access highways on the state highway system shall include the following:

(1) the traveled surface of the through lanes, ramps, and frontage roads and foundation beneath such traveled surface necessary for the proper support of same under vehicular loads encountered;

(2) mowing and litter pickup between frontage roads or the entire right of way where no frontage roads exist, and assistance in mowing and litter pickup between the frontage roads and the right of way;

(3) sweeping and otherwise cleaning the through lanes and ramps, and assistance in sweeping and otherwise cleaning the frontage roads and separation structures or roadways;

(4) snow and ice control on the through lanes and ramps, and assistance in snow and ice control on frontage roads and separation structures or roadways;

(5) normal markings and signs necessary for directing highway traffic in a safe and efficient manner; and

(6) drainage facilities within the limits of the right of way.

Source Note: The provisions of this §29.5 adopted to be effective November 21, 1999, 24 TexReg 10145