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. _______________________________ _______________________________ President of the Senate Speaker of the House I certify that H.B. No. 2168 was passed by the House on May 8, 2001, by a non-record vote. _______________________________ Chief Clerk of the House I certify that H.B. No. 2168 was passed by the Senate on May 22, 2001, by the following vote: Yeas 30, Nays 0, 1 present, not voting. _______________________________ Secretary of the Senate APPROVED: __________________________ Date __________________________ Governor