1-1 By: Nixon, et al. S.B. No. 1221 1-2 (In the Senate - Filed March 10, 1995; March 16, 1995, read 1-3 first time and referred to Committee on State Affairs; 1-4 April 12, 1995, reported adversely, with favorable Committee 1-5 Substitute by the following vote: Yeas 13, Nays 0; April 12, 1995, 1-6 sent to printer.) 1-7 COMMITTEE SUBSTITUTE FOR S.B. No. 1221 By: Armbrister 1-8 A BILL TO BE ENTITLED 1-9 AN ACT 1-10 relating to voluntary road use agreements between a person and a 1-11 county. 1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-13 SECTION 1. Subchapter A, Chapter 2, County Road and Bridge 1-14 Act (Article 6702-1, Vernon's Texas Civil Statutes), is amended by 1-15 adding Section 2.013 to read as follows: 1-16 Sec. 2.013. ROAD USE AGREEMENTS. (a) In this section, 1-17 "road use agreement" means a voluntary agreement between a county 1-18 and a person who benefits from the use of one or more county roads. 1-19 (b) A commissioners court that desires to enter a road use 1-20 agreement shall adopt a resolution setting out the basic conditions 1-21 on which the county would enter a road use agreement. Prior to 1-22 adoption of the resolution, the commissioners court shall hold a 1-23 public hearing on the proposed resolution in each county precinct. 1-24 All interested parties shall be given the opportunity to provide 1-25 input into the content of the proposed resolution. The 1-26 commissioners court may adopt the resolution not less than 10 days 1-27 after the final hearing. The resolution may not be amended for a 1-28 period of at least one year, but it may be rescinded at any time. 1-29 If the resolution is rescinded, any existing road use agreements 1-30 are terminated. 1-31 (c) Not less than 30 days prior to the hearings required by 1-32 Subsection (b) of this section, the commissioners court shall 1-33 provide to the county clerk a list of persons who may be interested 1-34 in entering a road use agreement with the county. Not less than 15 1-35 days prior to the first hearing, the county clerk shall send 1-36 written notice of each hearing to each person on the list. 1-37 (d) A person may initiate discussions with a county that has 1-38 adopted a resolution under Subsection (b) of this section. The 1-39 discussions must be in regard to specific terms of a road use 1-40 agreement within the basic conditions adopted in the resolution. 1-41 Either party may terminate the discussions at any time before 1-42 reaching a road use agreement. 1-43 (e) A person and a county may enter into a road use 1-44 agreement if the person and the county agree to the same terms in 1-45 discussions under Subsection (d) of this section. In the road use 1-46 agreement, the person may agree to provide materials for the 1-47 construction or maintenance of a county road. 1-48 SECTION 2. The importance of this legislation and the 1-49 crowded condition of the calendars in both houses create an 1-50 emergency and an imperative public necessity that the 1-51 constitutional rule requiring bills to be read on three several 1-52 days in each house be suspended, and this rule is hereby suspended. 1-53 * * * * *