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.
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