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.