TWT S.B. 1391 75(R)BILL ANALYSIS


TRANSPORTATION
S.B. 1391
By: Lindsay (Lewis, Ron)
5-9-97
Committee Report (Amended)



BACKGROUND 

Currently, in some areas of the state, rural roads are maintained by
county commissioners courts for the benefit of the public.  S.B. 1391
would allow roads maintained by a county for at least 10 of the last 20
years and which have been in continuous use for the last 30 years to be
determined to be a public road by the commissioners court of the county. 

PURPOSE

As proposed, S.B. 1391 outlines provisions regarding establishing and
maintaining a county road. 

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any
additional rulemaking authority to a state officer, department, agency or
institution. 

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Chapter 251B, Transportation Code, by adding Section
251.059, as follows: 

Sec. 251.059. MAINTAINING ESTABLISHED COUNTY ROADS. Sets forth
requirements and outlines provisions regarding the establishment and
maintenance of established county roads. 

SECTION 2. Emergency clause.
  Effective date: upon passage.



EXPLANATION OF AMENDMENTS

COMMITTEE AMENDMENT #1 - adds a new Section 1 and renumbers all remaining
sections. New Section 1 replaces outdated language in Sec. 251.005,
Transportation Code, regarding monthly road reports of county
commissioners acting as road supervisors. It changes the monthly road
report to the county commissioner's court to an annual report  submitted
during the ninth month of the county fiscal year on a form to be approved
by the court. The report must show: the amount of money reasonably
necessary to maintain roads in the precinct during the next fiscal year as
opposed to the money "held by overseers to be spent on" roads; and the
number of defaced or torn down traffic control devices in the precinct,
instead of specifying "mileposts and fingerboards". The amendment also
deletes Subsection (6) which required the commissioners to name each
overseer who failed to work on roads or who may have neglected to perform
their duties.