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.