Enrolled Bill Summary

Enrolled Bill Summary

Legislative Session: 78(R)

HOUSE BILL 1117  

HOUSE AUTHOR: J. Keffer et al.

EFFECTIVE: 9-1-03           

SENATE SPONSOR: Deuell

            House Bill 1117 amends the Transportation Code to allow a county commissioners court to clarify the existence of a public interest in a road by adopting a proposed county road map that includes each road in which the county claims the existence of a public interest. The bill provides that a county has a valid claim of the existence of a public interest in a road if the county provides written records or other information documenting its continuous maintenance of the road beginning before September 1, 1981. House Bill 1117 sets forth public meeting requirements and procedures for a person who asserts a private right, title, or interest in a road to protest the inclusion of the road in the county road map, and notice requirements of the intention of the county commissioners court to adopt a county road map. It requires the county commissioners court to appoint a jury of view, which consists of five property owners who have no interest in the outcome of the protest, to determine the validity of a county's claim of the existence of a public interest in the road. The bill provides that the adoption of a county road map is conclusive evidence of the public's right of access over a road included on the map and the county's authority to spend public money to maintain a road included on the map. The provisions of House Bill 1117 expire September 1, 2009.