77R11550 MI-F By Keffer H.B. No. 340 Substitute the following for H.B. No. 340: By Brown of Brazos C.S.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 to determine, by a majority 2-3 vote after a public hearing, the validity of a protest. The 2-4 determination of the jury of view is binding on the commissioners 2-5 court. 2-6 (c) The commissioners court shall publish at least once a 2-7 week in a newspaper of general circulation in the county for at 2-8 least four consecutive weeks preceding the date of the public 2-9 meeting a notice: 2-10 (1) advising the public that the commissioners court 2-11 has proposed a county road map including each road in which the 2-12 county claims a public interest; 2-13 (2) identifying a location at the courthouse at which 2-14 the proposed map will be available to the public during regular 2-15 business hours; and 2-16 (3) stating the date and location of the public 2-17 meeting. 2-18 (d) The commissioners court shall display the proposed map 2-19 at the location and during the time described in the notice from 2-20 the date on which notice is first published through the date on 2-21 which the commissioners court formally adopts the proposed map. 2-22 The map must be legible and not less than one inch equals 2,000 2-23 feet in scale. 2-24 (e) The commissioners court may formally adopt the proposed 2-25 map, as revised after public comment, only at a meeting held before 2-26 the 60th day following the date of the public meeting. 2-27 (f) The county clerk shall keep a county road map adopted 3-1 under this section in a place accessible to the public. 3-2 (g) The failure to include on a county road map adopted 3-3 under this section a road in which the county has previously 3-4 acquired a public interest by purchase, condemnation, dedication, 3-5 or a court's final judgment of adverse possession does not affect 3-6 the status of the omitted road. 3-7 Sec. 258.003. CONCLUSIVE EVIDENCE. Except as provided by 3-8 Section 258.004, a county road map adopted under Section 258.002 is 3-9 conclusive evidence of: 3-10 (1) the public's right of access over a road included 3-11 on the map; and 3-12 (2) the county's authority to spend public money to 3-13 maintain a road included on the map. 3-14 Sec. 258.004. CONTEST. A person asserting a private right, 3-15 title, or interest in a road in which a public interest is asserted 3-16 under this chapter may contest the inclusion of the road in the 3-17 county road map by filing a suit in a district court in the county 3-18 in which the road is located not later than the second anniversary 3-19 of the date on which the county road map including the road was 3-20 adopted. 3-21 Sec. 258.005. TRANSFER OF INTEREST. The commissioners court 3-22 shall include a notice of its intention to consider adoption of the 3-23 county road map with the ad valorem tax statements for the year 3-24 before the adoption of a county road map under Section 258.002. If 3-25 a property owner tenders a warranty deed to the county for property 3-26 included in the right-of-way of a county road, the commissioners 3-27 court shall accept and file the warranty deed. 4-1 SECTION 2. This Act takes effect September 1, 2001.