By Keffer                                              H.B. No. 340
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the acquisition by a county of a public interest in
 1-3     certain roads.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Subtitle C, Title 6, Transportation Code, is
 1-6     amended by adding Chapter 258 to read as follows:
 1-7               CHAPTER 258.  ACQUISITION OF PUBLIC INTEREST IN
 1-8                     ROAD BY ADOPTION OF COUNTY ROAD MAP
 1-9           Sec. 258.001.  ACQUISITION OF PUBLIC INTEREST IN ROAD.
1-10     Notwithstanding Chapter 281, a county may acquire a public interest
1-11     in a road as provided by this chapter.
1-12           Sec. 258.002.  ADOPTION OF COUNTY ROAD MAP. (a)  The
1-13     commissioners court of a county may propose a county road map that
1-14     includes each road in which the county claims a public interest:
1-15                 (1)  under Chapter 281 or other law; or
1-16                 (2)  as a result of having continuously maintained the
1-17     road with public funds beginning before September 1, 1981.
1-18           (b)  A commissioners court that proposes a county road map
1-19     under this section shall hold a public meeting at which a person
1-20     asserting a private right, title, or interest in a road in which
1-21     the county has claimed a public interest may appear before the
1-22     commissioners court to protest the county's claim.  A person
1-23     asserting a private right, title, or interest in a road may also
1-24     file a written protest with the county judge at any time before the
 2-1     public meeting.  The commissioners court shall appoint a jury of
 2-2     view consisting of five property owners who have no interest in the
 2-3     outcome of the protest to determine, by a majority vote after a
 2-4     public hearing and an examination of the county's road maintenance
 2-5     records and other information, the validity of the county's claim
 2-6     of public interest in the road.  A county has a valid claim in a
 2-7     road if it provides written records or other information
 2-8     documenting the county's continuous maintenance of the road
 2-9     beginning before September 1, 1981.  The determination of the jury
2-10     of view is binding on the commissioners court, and the
2-11     commissioners court shall revise the proposed county road map
2-12     accordingly.
2-13           (c)  The commissioners court shall publish at least once a
2-14     week in a newspaper of general circulation in the county for at
2-15     least four consecutive weeks preceding the date of the public
2-16     meeting a notice:
2-17                 (1)  advising the public that the commissioners court
2-18     has  proposed a county road map including each road in which the
2-19     county claims a public interest;
2-20                 (2)  identifying a location at the courthouse at which
2-21     the proposed map will be available to the public during regular
2-22     business hours; and
2-23                 (3)  stating the date and location of the public
2-24     meeting.
2-25           (d)  The commissioners court shall display the proposed map
2-26     at the location and during the time described in the notice from
2-27     the date on which notice is first published through the date on
 3-1     which the commissioners court formally adopts the proposed map.
 3-2     The map must be legible and not less than one inch equals 2,000
 3-3     feet in scale.
 3-4           (e)  The commissioners court may formally adopt the proposed
 3-5     map, as revised after public comment and a determination by the
 3-6     jury of view, only at a public meeting held before the 90th day
 3-7     following the date of the initial public meeting required by
 3-8     Subsection (b).
 3-9           (f)  If a person asserting a private right, title, or
3-10     interest in a road that the county has included in the proposed map
3-11     protests in writing or in person as provided by Subsection (b)
3-12     before the conclusion of the public hearing, the county may not
3-13     take possession of the road, but after the conclusion of the
3-14     hearing the county may bring suit against the person for adverse
3-15     possession of the right, title, or interest in the road.
3-16           (g)  The county clerk shall keep a county road map adopted
3-17     under this section in a place accessible to the public.
3-18           (h)  The failure to include on a county road map adopted
3-19     under this section a road in which the county has previously
3-20     acquired a public interest by purchase, condemnation, dedication,
3-21     or a court's final judgment of adverse possession does not affect
3-22     the status of the omitted road.
3-23           (i)  In this section, "continuous maintenance" means grading
3-24     or other routine road maintenance beginning before September 1,
3-25     1981, and continuing until the date of protest.
3-26           Sec. 258.003.  CONCLUSIVE EVIDENCE. Except as provided by
3-27     Section 258.004, a county road map adopted under Section 258.002 is
 4-1     conclusive evidence of:
 4-2                 (1)  the public's right of access over a road included
 4-3     on the map; and
 4-4                 (2)  the county's authority to spend public money to
 4-5     maintain a road included on the map.
 4-6           Sec. 258.004.  CONTEST. (a)  A person asserting a private
 4-7     right, title, or interest in a road in which a public interest is
 4-8     asserted under this chapter may contest the inclusion of the road
 4-9     in the county road map by filing a suit in a district court in the
4-10     county in which the road is located not later than the second
4-11     anniversary of the date on which the county road map including the
4-12     road was adopted.
4-13           (b)  The county has the burden of proving that the county has
4-14     continuously maintained, as that term is defined by Section
4-15     258.002, the road in question.
4-16           Sec. 258.005.  TRANSFER OF INTEREST. (a)  The commissioners
4-17     court shall include a notice of its intention to consider adoption
4-18     of the county road map with the ad valorem tax statements for the
4-19     year before the adoption of a county road map under Section
4-20     258.002.  If a property owner tenders a warranty deed to the county
4-21     for property included in the right-of-way of a county road, the
4-22     commissioners court shall accept and file the warranty deed.
4-23           (b)  The commissioners court shall include a notice of the
4-24     adoption of the county road map with the ad valorem tax statements
4-25     for the year after the year in which the county adopts a map under
4-26     Section 258.002.  The notice must include a list of all roads in
4-27     which the county has claimed a public interest by adoption of the
 5-1     map, the date of the adoption, and the date on which the statute of
 5-2     limitations will bar a landowner from filing a suit in district
 5-3     court to dispute the county's claim.
 5-4           Sec. 258.006.  TAX ABATEMENT; REVERSION OF INTEREST. (a)  A
 5-5     private right, title, or interest, other than a mineral interest,
 5-6     held by a person in land underlying a road in which the county has
 5-7     acquired a public interest under this chapter is exempt from ad
 5-8     valorem taxation by any taxing authority.
 5-9           (b)  A right, title, or interest described in Subsection (a)
5-10     reverts completely to the person who held the right, title, or
5-11     interest at the time the county acquired the public interest in the
5-12     land if the county ceases to maintain the road, and the person is
5-13     liable for all ad valorem taxes levied on that right, title, or
5-14     interest on or after the reversion.
5-15           (c)  To levy and collect an ad valorem tax on a right, title,
5-16     or interest described in Subsection (a) that has reverted to the
5-17     landowner under Subsection (b), the taxing authority must obtain
5-18     from the county an order stating that the county has ceased to
5-19     maintain the road.  The owner of the right, title, or interest will
5-20     be liable for any ad valorem tax  levied on the right, title, or
5-21     interest on or after the date of the county's order.
5-22           SECTION 2.  This Act takes effect September 1, 2001.