KP-0256

Summary

Sections 232.003, 232.0031, and 232.004 of the Local Government Code authorize a county to use proceeds from a subdivision bond required by section 232.003 to ensure a public qr private road is constructed to standards adopted by the county for subdivision roads.

A court would likely conclude that a county's expenditure of such bond proceeds, without more, does not constitute acceptance of the roads into the county's system of roads or otherwise obligate the county to maintain the roads. A county may expend construction bond proceeds on subdivision drainage facilities that are not part of a road right-ofway, provided that the facilities are for stormwater runoff management or storm drainage coordination as authorized under Local Government Code subsection 232.003(8).