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   1-28  period of at least one year, but it may be rescinded at any time.
   1-29  If the resolution is rescinded, any existing road use agreements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.
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