By Uher                                               H.B. No. 2168
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to granting a property owner in a partition proceeding an
 1-3     access easement in certain circumstances.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Chapter 23, Property Code, is amended by adding
 1-6     Section 23.006 to read as follows:
 1-7           Sec. 23.006.  ACCESS EASEMENT FOR PARTITIONED PROPERTY. (a)
 1-8     Unless waived by the parties in an action to partition property
 1-9     under this chapter, the commissioners appointed to partition
1-10     property shall grant a nonexclusive access easement on a tract of
1-11     partitioned property for the purpose of providing reasonable
1-12     ingress to and egress from an adjoining partitioned tract that does
1-13     not have a means of access through a public road or an existing
1-14     easement appurtenant to the tract.  The order granting the access
1-15     easement shall contain a legal description of the easement.
1-16           (b)  Unless waived by the parties in writing in a private
1-17     partition agreement, the property owner of a partitioned tract that
1-18     has a means of access through a public road or an existing easement
1-19     appurtenant to the tract shall grant in the private partition
1-20     agreement a nonexclusive access easement on the owner's partitioned
1-21     tract for the purpose of providing reasonable ingress to and egress
1-22     from an adjoining partitioned tract that does not have a means of
1-23     access through a public road or an existing easement appurtenant to
1-24     the tract.
 2-1           (c)  The access easement may not be a width greater than a
 2-2     width prescribed by a municipality or county for a right-of-way on
 2-3     a street or road.  The access easement route must be the shortest
 2-4     route to the adjoining tract that:
 2-5                 (1)  causes the least amount of damage to the tract
 2-6     subject to the easement; and
 2-7                 (2)  is located the greatest reasonable distance from
 2-8     the primary residence and related improvements located on the tract
 2-9     subject to the easement.
2-10           (d)  The adjoining tract owner who is granted an access
2-11     easement under this section shall maintain the easement and keep
2-12     the easement open for public use.
2-13           SECTION 2. This Act takes effect September 1, 2001.