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 New Section 1 replaces outdated language in Sec. 251.005, Transportation Code, regarding monthly road reports of county commissioners acting as road supervisors.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.