City of Bryan Sharing External Legal Opinion for Medians Charter Amendment
The Bryan City Council is waiving attorney-client privilege to allow residents to view a legal opinion about the Texas Avenue medians charter amendment that will be on the November 2026 election ballot. The opinion memo is meant to evaluate the proposal to amend the charter and the potential effects if the amendment passes in November.
Additionally, the City of Bryan estimates the financial impact for median removal is $8 million. If the project moves forward, the city will have to identify a funding source, potentially limiting what can be spent on other capital projects.
Early voting begins Monday, Oct. 19 and ends Friday, Oct. 30. Election Day is Tuesday, Nov. 3. Learn about the City Council races on the ballot and how results will be published by reading our voters guide.
Charter Amendment Background
In August, the city confirmed a petition calling for a charter amendment election about the Texas Avenue medians filed with the City Secretary’s Office. The citizen-initiated petition was found to have a sufficient number of valid signatures for the proposed amendment to be placed on the ballot.
City charters cannot conflict with state or federal constitutions or laws, or direct the actions of the state or federal governments. As Texas Avenue is owned by the State of Texas and controlled by the Texas Department of Transportation (TxDOT), the city has previously shared that it may not have the authority to regulate the median removal as suggested in the proposed charter amendment.
Read the city’s August charter amendment news announcement here.
The Legal Opinion
The City of Bryan received the legal opinion from its external, independent legal contractor, and shared the memo with the City Council during its Tuesday, Oct. 13 executive session. During a public vote after the executive session, the Council authorized the otherwise confidential memo to be shared with residents.
The full memo can be viewed here, and the memo summary is shown below:
"The initiative petition regarding the Charter Amendment is complete and valid. Therefore, the City Council of Bryan (the “Council”) was obligated to order the special election, and the City of Bryan (the “City”) must conduct the election on November 3, 2026.
Regardless of the outcome of the special election, it is unlikely the City of Bryan has the legal authority to unilaterally make any modifications to the medians on Texas Avenue or to remove them completely. The City would probably violate the Texas Transportation Code if it attempted to remove or alter the medians on Texas Avenue without the Texas Department of Transportation’s (“TxDOT”) written consent or an agreement delegating control over the medians to the City.
If the Charter Amendment is passed by voters, it is unclear that the City has lawful capacity to ultimately effectuate the removal of the relevant medians on Texas Avenue. It is probable that the duty imposed by the Charter Amendment conflicts with state law absent an express grant of authority by TxDOT. Accordingly, litigation or an opinion from the Office of the Attorney General of Texas may be necessary to determine if the City has the authority to comply with the Charter Amendment, and if so, how to reconcile that authority with state law establishing TxDOT’s exclusive authority over the state highway system."
What the City is Doing
While traffic data supports the use of raised medians to improve safety and potentially reduce the number of crashes, city leadership, staff and City Council understand the medians have changed daily routes and access to homes and businesses.
Long before the November election, a plan has been in place to seek funding to install loons — expanded paved areas to create extra space for safe U-turns — at intersections along Texas Avenue to improve mobility.
If voters approve the amendment in November, the medians will not be removed overnight. The next steps could include legal review, discussions with TxDOT, engineering and design work, funding decisions, and construction bidding. Funding considerations could include TxDOT, the Bryan-College Station Metropolitan Planning Organization and other entities through ongoing prioritization processes.
City staff is actively working with TxDOT to better understand concerns and explore solutions to balance safety with accessibility and quality of life. Engineers are evaluating potential changes at locations along Texas Avenue.
While long-term safety for the entire community will always remain a priority, the city is committed to listening, engaging and working toward solutions that reflect the needs of Bryan residents.