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.