1-1 By: Lindsay S.B. No. 1391 1-2 (In the Senate - Filed March 13, 1997; March 19, 1997, read 1-3 first time and referred to Committee on Intergovernmental 1-4 Relations; April 17, 1997, reported favorably by the following 1-5 vote: Yeas 10, Nays 0; April 17, 1997, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to establishing and maintaining a county road. 1-9 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-10 SECTION 1. Subchapter B, Chapter 251, Transportation Code, 1-11 is amended by adding Section 251.059 to read as follows: 1-12 Sec. 251.059. MAINTAINING ESTABLISHED COUNTY ROADS. 1-13 (a) When the commissioners court of a county has established a 1-14 county road and (i) the laying out of the road has been established 1-15 by a jury of view, (ii) the county road has been in continuous use 1-16 for more than 30 years, and (iii) public funds have been expended 1-17 for the upkeep and maintenance of the road for at least 10 of the 1-18 last 20 years, the commissioners court of a county may declare that 1-19 the road shall continue to be used as a public road. 1-20 (b) When the commissioners court of a county determines 1-21 after declaring such road a public road that it is in more than one 1-22 county, the commissioners courts of the counties in which the road 1-23 is located may allocate by mutual agreement the costs of 1-24 maintenance of the road upon a finding by the commissioners courts 1-25 of the counties that the continued maintenance of the road as a 1-26 public road would be of benefit to the counties. 1-27 (c) It is hereby found by the legislature that all orders 1-28 enacted by the commissioners court of a county in establishing such 1-29 county roads and orders authorizing the expenditure of public funds 1-30 for the construction and maintenance of public roads were enacted 1-31 for a public purpose and all such orders are validated in all 1-32 respects. 1-33 SECTION 2. The importance of this legislation and the 1-34 crowded condition of the calendars in both houses create an 1-35 emergency and an imperative public necessity that the 1-36 constitutional rule requiring bills to be read on three several 1-37 days in each house be suspended, and this rule is hereby suspended, 1-38 and that this Act take effect and be in force from and after its 1-39 passage, and it is so enacted. 1-40 * * * * *