BWH H.J.R. 73 75(R)BILL ANALYSIS


COUNTY AFFAIRS
H.J.R. 73
By: Chisum
4-16-97
Committee Report (Unamended)



BACKGROUND 

Current law requires independent school districts to provide bus service
to public school children.  In rural counties, this means school busses
must often travel on unpaved, private roads in order to provide reasonable
transportation.  It is not uncommon for a number of roads during periods
of wet weather to be completely impassable by bus. 

Section 52f was added to the Texas Constitution in 1980.  Section 52f
allows a county with a population of 5,000 or less to construct and (or)
maintain a private road, but if and only if the county charges the
landowner of the road a reasonable fee for the maintenance. 

In light of these considerations, Attorney General Opinion DM-13, issued
on March 28, 1991, states that a county is constitutionally prohibited
from maintaining a private road unless the county charges the landowner a
reasonable fee.  This prohibition remains in place even though a road is
used as a school bus route or for other public purposes. 

PURPOSE

To allow rural counties to maintain private roads, at no charge to the
landowner, if the road is also used to transport children to public
school. 

RULEMAKING AUTHORITY

This legislation grants no rulemaking authority to any state officer,
department, agency, or institution. 

SECTION BY SECTION ANALYSIS

SECTION 1.  Proposes that Article III, Texas Constitution be amended by
adding Section 52g to allow a county to maintain a private road if the
road is used for transporting students to public school.  Allows the
legislature to limit this authority. 

SECTION 2.  Requires this constitutional amendment with specific language
to be submitted to the voters on November 4, 1997.