Bryan Council Released Legal Memo on Texas Avenue Medians
The Bryan City Council waived attorney-client privilege to publish a legal opinion concerning a proposed charter amendment.
Updated on Oct. 14, 2026 in City Hall
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Bryan city officials have released a confidential legal memo to the public regarding a voter-led charter amendment to remove Texas Avenue medians. The document warns that the city likely lacks the authority to alter the state-controlled road without consent.
Why it matters
The release aims to inform residents of the potential legal ramifications, as removing the medians without state approval could violate the Texas Transportation Code. The project is currently estimated to cost $8 million, and the city may require further legal intervention to resolve the issue.
The city estimated the cost of removing the Texas Avenue medians at $8 million. The legal opinion concludes that the city lacks the authority to proceed without permission from the Texas Department of Transportation.
The players
Bryan City Council
This is the governing body for the City of Bryan that oversees local ordinances and municipal administrative policy.
Texas Department of Transportation
This is the state agency responsible for maintaining and regulating public transportation infrastructure throughout Texas.
The details
The City Council voted to waive attorney-client privilege after the City Secretary's Office verified that a citizen petition for the amendment gathered sufficient signatures. City leaders are currently pursuing funding to install loons at various intersections along the thoroughfare to address traffic concerns.
Timeline
August 2026: The city confirmed that the petition for the charter amendment received enough valid signatures.
October 13, 2026: The City Council held an executive session and voted to release the legal memo.
October 19, 2026: Early voting begins for the upcoming special election.
October 30, 2026: Early voting concludes for the special election.
November 3, 2026: Election Day for the charter amendment occurs.
Political Context
Opponents of the charter amendment argue that the city lacks legal standing to override state jurisdiction over the thoroughfare. They contend that any attempt to bypass the Texas Department of Transportation will trigger significant litigation and waste taxpayer funds.
Residents should be aware that the proposed $8 million project faces legal hurdles that could stall implementation or lead to further state-level disputes. The upcoming election will determine if the city attempts to proceed despite the warnings in the released legal opinion.
The takeaway
Voters should consider that the legal authority to alter Texas Avenue rests with the state rather than the city council. Implementing infrastructure changes requires coordination with state regulators to avoid potential legal conflicts and financial liability.
What happens next
A special election regarding the Texas Avenue median charter amendment will take place on November 3, 2026.
Further reading
For more information on local governance, visit the City Hall section.
More information
View the Legal opinion memo for charter amendment on the official city portal.
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