By Uher                                               H.B. No. 2168
         77R4812 PAM-D                           
                                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.
1-15           (b)  The access easement may not be more than 20 feet in
1-16     width.  The access easement route must be the shortest route to the
1-17     adjoining tract that:
1-18                 (1)  causes the least amount of damage to the tract
1-19     subject to the easement; and
1-20                 (2)  is located the greatest reasonable distance from
1-21     the primary residence and related improvements located on the tract
1-22     subject to the easement.
1-23           (c)  The adjoining tract owner who is granted an access
1-24     easement under this section shall maintain the easement and keep
 2-1     the easement open for public use.
 2-2           SECTION 2. This Act takes effect September 1, 2001.