AN ACT

 1-1     relating to establishing and maintaining county roads.

 1-2           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

 1-3           SECTION 1.  Subsection (a), Section 251.005, Transportation

 1-4     Code, is amended to read as follows:

 1-5           (a)  A county commissioner serving as a road supervisor shall

 1-6     make a sworn annual report during the ninth month of the fiscal

 1-7     year on a form approved by [to each regular term of] the

 1-8     commissioners court showing:

 1-9                 (1)  the condition of each road or part of a road and

1-10     of each culvert and bridge in the commissioner's precinct;

1-11                 (2)  the amount of money reasonably necessary for

1-12     maintenance of [held by overseers available to be spent on] the

1-13     roads in the precinct during the following fiscal year;

1-14                 (3)  the number of traffic control devices [mileposts

1-15     and fingerboards] in the precinct defaced or torn down;

1-16                 (4)  any new road that should be opened in the

1-17     precinct; and

1-18                 (5)  any bridges, culverts, or other improvements

1-19     necessary to place the roads in the precinct in good condition, and

1-20     the probable cost of the improvements[; and]

1-21                 [(6)  the name of each overseer who has failed to work

1-22     on the roads or who in any way neglected to perform the overseer's

1-23     duties].

1-24           SECTION 2.  Subchapter B, Chapter 251, Transportation Code,

 2-1     is amended by adding Section 251.059 to read as follows:

 2-2           Sec. 251.059.  MAINTAINING ESTABLISHED COUNTY ROADS.

 2-3     (a)  When the commissioners court of a county has established a

 2-4     county road and (i) the laying out of the road has been established

 2-5     by a jury of view, (ii) the county road has been in continuous use

 2-6     for more than 30 years, and (iii) public funds have been expended

 2-7     for the upkeep and maintenance of the road for at least 10 of the

 2-8     last 20 years, the commissioners court of a county may declare that

 2-9     the road shall continue to be used as a public road.

2-10           (b)  When the commissioners court of a county determines

2-11     after declaring such road a public road that it is in more than one

2-12     county, the commissioners courts of the counties in which the road

2-13     is located may allocate by mutual agreement the costs of

2-14     maintenance of the road upon a finding by the commissioners courts

2-15     of the counties that the continued maintenance of the road as a

2-16     public road would be of benefit to the counties.

2-17           (c)  It is hereby found by the legislature that all orders

2-18     enacted by the commissioners court of a county in establishing such

2-19     county roads and orders authorizing the expenditure of public funds

2-20     for the construction and maintenance of public roads were enacted

2-21     for a public purpose and all such orders are validated in all

2-22     respects.

2-23           SECTION 3.  The importance of this legislation and the

2-24     crowded condition of the calendars in both houses create an

2-25     emergency and an imperative public necessity that the

2-26     constitutional rule requiring bills to be read on three several

2-27     days in each house be suspended, and this rule is hereby suspended,

 3-1     and that this Act take effect and be in force from and after its

 3-2     passage, and it is so enacted.

         _______________________________     _______________________________

             President of the Senate              Speaker of the House

               I hereby certify that S.B. No. 1391 passed the Senate on

         April 28, 1997, by the following vote:  Yeas 31, Nays 0; and that

         the Senate concurred in House amendment on May 18, 1997, by the

         following vote:  Yeas 28, Nays 0.

                                             _______________________________

                                                 Secretary of the Senate

               I hereby certify that S.B. No. 1391 passed the House, with

         amendment, on May 16, 1997, by the following vote:  Yeas 141,

         Nays 0, two present not voting.

                                             _______________________________

                                                 Chief Clerk of the House

         Approved:

         _______________________________

                     Date

         _______________________________

                   Governor