1-1 By: Uher (Senate Sponsor - Harris) H.B. No. 2168 1-2 (In the Senate - Received from the House May 9, 2001; 1-3 May 10, 2001, read first time and referred to Committee on State 1-4 Affairs; May 11, 2001, reported favorably by the following vote: 1-5 Yeas 5, Nays 0; May 11, 2001, sent to printer.) 1-6 A BILL TO BE ENTITLED 1-7 AN ACT 1-8 relating to granting a property owner in a partition proceeding an 1-9 access easement in certain circumstances. 1-10 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: 1-11 SECTION 1. Chapter 23, Property Code, is amended by adding 1-12 Section 23.006 to read as follows: 1-13 Sec. 23.006. ACCESS EASEMENT FOR PARTITIONED PROPERTY. (a) 1-14 Unless waived by the parties in an action to partition property 1-15 under this chapter, the commissioners appointed to partition 1-16 property shall grant a nonexclusive access easement on a tract of 1-17 partitioned property for the purpose of providing reasonable 1-18 ingress to and egress from an adjoining partitioned tract that does 1-19 not have a means of access through a public road or an existing 1-20 easement appurtenant to the tract. The order granting the access 1-21 easement shall contain a legal description of the easement. 1-22 (b) Unless waived by the parties in writing in a private 1-23 partition agreement, the property owner of a partitioned tract that 1-24 has a means of access through a public road or an existing easement 1-25 appurtenant to the tract shall grant in the private partition 1-26 agreement a nonexclusive access easement on the owner's partitioned 1-27 tract for the purpose of providing reasonable ingress to and egress 1-28 from an adjoining partitioned tract that does not have a means of 1-29 access through a public road or an existing easement appurtenant to 1-30 the tract. 1-31 (c) The access easement may not be a width greater than a 1-32 width prescribed by a municipality or county for a right-of-way on 1-33 a street or road. The access easement route must be the shortest 1-34 route to the adjoining tract that: 1-35 (1) causes the least amount of damage to the tract 1-36 subject to the easement; and 1-37 (2) is located the greatest reasonable distance from 1-38 the primary residence and related improvements located on the tract 1-39 subject to the easement. 1-40 (d) The adjoining tract owner who is granted an access 1-41 easement under this section shall maintain the easement and keep 1-42 the easement open for public use. 1-43 SECTION 2. This Act takes effect September 1, 2001. 1-44 * * * * *