By Lindsay S.B. No. 1391 75R9196 E A BILL TO BE ENTITLED 1-1 AN ACT 1-2 relating to establishing and maintaining a county road. 1-3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-4 SECTION 1. Subchapter B, Chapter 251, Transportation Code, 1-5 is amended by adding Section 251.059 to read as follows: 1-6 Sec. 251.059. MAINTAINING ESTABLISHED COUNTY ROADS. 1-7 (a) When the commissioners court of a county has established a 1-8 county road and (i) the laying out of such road has been 1-9 established by a jury of view, (ii) the county road has been in 1-10 continuous use for more than 30 years, and (iii) public funds have 1-11 been expended for the upkeep and maintenance of such road for at 1-12 least 10 of the last 20 years, the commissioners court of a county 1-13 may declare that such road shall continue to be used as a public 1-14 road. 1-15 (b) When the commissioners court of a county determines 1-16 after declaring such road a public road that it is in more than one 1-17 county, the commissioners courts of the counties in which such road 1-18 is located may allocate by mutual agreement the costs of 1-19 maintenance of such road upon a finding by the commissioners courts 1-20 of such counties that the continued maintenance of the road as a 1-21 public road would be of benefit to such counties. 1-22 (c) It is hereby found by the legislature that all orders 1-23 enacted by the commissioners courts of such counties in 1-24 establishing such county roads and orders authorizing the 2-1 expenditure of public funds for the construction and maintenance of 2-2 such public roads were enacted for a public purpose and all such 2-3 orders are validated in all respects. 2-4 SECTION 2. The importance of this legislation and the 2-5 crowded condition of the calendars in both houses create an 2-6 emergency and an imperative public necessity that the 2-7 constitutional rule requiring bills to be read on three several 2-8 days in each house be suspended, and this rule is hereby suspended, 2-9 and that this Act take effect and be in force from and after its 2-10 passage, and it is so enacted.