Water Code §54.234

(a) Any district or any petitioner seeking the creation of a district may petition the commission to acquire the power under the authority of Article III, Section 52 , Texas Constitution, to design, acquire, construct, finance, issue bonds for, and convey to this state, a county, or a municipality for operation and maintenance, a road described by Subsection (b) or any improvement in aid of the road. (b) The road must meet the criteria for a thoroughfare, arterial, or collector road of: (1) a county in whose jurisdiction the proposed road project is located; or (2) a municipality in whose corporate limits or extraterritorial jurisdiction the proposed road project is located. (c) As soon as practicable after such petition has been filed with the commission, the commission shall issue an order either approving or denying such petition. (d) If the commission issues an order approving the petition, the district may undertake a road project if: (1) the municipality or county that will operate and maintain the road has approved the plans and specifications of the road project; or (2) the Texas Transportation Commission has approved the plans and specifications of the road project, if the state is to operate and maintain the road. (e) Except as provided by Subsection (d), a district is not required to obtain approval from the Texas Transportation Commission to acquire, construct, convey, or finance the road project.