Section 24, Article XVI

,

Texas Constitution

, provides that:

"The Legislature shall make provisions for laying out and working public roads, for the building of bridges...." Under this constitutional authority:

The State Highway Department (now TxDOT) was established in 1917 by appropriate legislation (

Acts 1917, 35th Legislature, p.416, Ch. 190, Section 1

). The Highway Commission (now Texas Transportation Commission) was given responsibility to "...plan and make policies for the location, construction and maintenance of a comprehensive system of state highways and public roads."

(Transportation Code, Section 201.103)

In 1957, the 55th Legislature, regular session, passed H.B. 179, Chapter 300, (refer to

Transportation Code, Section 203.051)

, expressly granting the Highway Commission (now Texas Transportation Commission) authority to purchase or acquire through eminent domain proceedings land needed for highway purposes in the name of the State of Texas. The 55th Legislature, regular session, also passed H.B. 620 (Chapter 301) directing the Commission to handle the acquisition of ROW on the National System of Interstate and Defense Highways and to participate under certain conditions in the cost of ROW acquired by local political subdivisions for certain other highways (refer to

Transportation Code, Section 224.001)

.