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.