By: Nixon, et al. S.B. No. 1221
A BILL TO BE ENTITLED
AN ACT
1-1 relating to voluntary road use agreements between a person and a
1-2 county.
1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-4 SECTION 1. Subchapter A, Chapter 2, County Road and Bridge
1-5 Act (Article 6702-1, Vernon's Texas Civil Statutes), is amended by
1-6 adding Section 2.013 to read as follows:
1-7 Sec. 2.013. ROAD USE AGREEMENTS. (a) In this section,
1-8 "road use agreement" means a voluntary agreement between a county
1-9 and a person who benefits from the use of one or more county roads.
1-10 (b) It is the policy of this state that road use agreements
1-11 authorized and executed under this section:
1-12 (1) be consistent and relatively uniform among the
1-13 counties; and
1-14 (2) promote equal treatment among all parties choosing
1-15 to enter into a road use agreement with a county.
1-16 (c) The Texas Department of Transportation shall adopt
1-17 relatively uniform standards for any county road use agreement
1-18 resolution adopted under Subsection (d) of this section. At a
1-19 minimum, the standards shall specify:
1-20 (1) a methodology based on vehicular weight and the
1-21 number of trips made on a road to ensure that the consideration
1-22 paid by a party under a road use agreement is substantially equal
1-23 to the consideration paid by every other party;
1-24 (2) the type of consideration that may be paid to a
2-1 county under a road use agreement; and
2-2 (3) an accounting and reporting methodology to verify
2-3 to the department that any consideration paid under a road use
2-4 agreement is linked to a specific county road and the consideration
2-5 is used only to pay for improvements or repairs to the road.
2-6 (d) A commissioners court that desires to enter a road use
2-7 agreement shall adopt a resolution setting out the basic conditions
2-8 on which the county would enter a road use agreement. Prior to
2-9 adoption of the resolution, the commissioners court shall hold a
2-10 public hearing on the proposed resolution in each county precinct.
2-11 All interested parties shall be given the opportunity to provide
2-12 input into the content of the proposed resolution. The
2-13 commissioners court may adopt the resolution not less than 10 days
2-14 after the final hearing. The resolution may not be amended for a
2-15 period of at least one year, but it may be rescinded at any time.
2-16 If the resolution is rescinded, any existing road use agreements
2-17 are terminated.
2-18 (e) Not less than 30 days prior to the hearings required by
2-19 Subsection (d) of this section, the commissioners court shall
2-20 provide to the county clerk a list of persons who may be interested
2-21 in entering a road use agreement with the county. Not less than 15
2-22 days prior to the first hearing, the county clerk shall send
2-23 written notice of each hearing to each person on the list.
2-24 (f) A person may initiate discussions with a county that has
2-25 adopted a resolution under Subsection (d) of this section. The
2-26 discussions must be in regard to specific terms of a road use
2-27 agreement within the basic conditions adopted in the resolution.
3-1 Either party may terminate the discussions at any time before
3-2 reaching a road use agreement.
3-3 (g) A person and a county may enter into a road use
3-4 agreement if the person and the county agree to the same terms in
3-5 discussions under Subsection (f) of this section. In the road use
3-6 agreement, the person may agree to provide materials for the
3-7 construction or maintenance of a county road.
3-8 SECTION 2. The importance of this legislation and the
3-9 crowded condition of the calendars in both houses create an
3-10 emergency and an imperative public necessity that the
3-11 constitutional rule requiring bills to be read on three several
3-12 days in each house be suspended, and this rule is hereby suspended.