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79R3990 JTS-F
By: Mowery H.B. No. 1194
A BILL TO BE ENTITLED
AN ACT
relating to prohibiting the removal of a barrier on a road placed by
a person contesting the interest in the road claimed by a county or
certain governmental entities.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 258, Transportation Code, is amended by
adding Section 258.0045 to read as follows:
Sec. 258.0045. PROHIBITION AGAINST REMOVING BARRIER ON
CONTESTED ROAD. (a) This section applies only:
(1) while a contest is pending in a district court
under Section 258.004, if the person contesting the public interest
in the road filed the contest not later than the 180th day after the
date the person knew or should have known that the county was
asserting an interest in the road; or
(2) before a map under this chapter is formally
adopted, if the person protested the county's claim under Section
258.002(b).
(b) A county may not remove a barrier on the contested
portion of road placed by the person asserting the private right,
title, or interest unless:
(1) the contested portion of the road is fenced on both
sides along its entire length; or
(2) the district court has granted a temporary
injunction in favor of the county and the county has posted a bond
in the amount determined by the court to be sufficient to protect
the landowner from the potential damage to the landowner's
property, business operations, crops, and livestock if the county
does not prevail at the trial on the merits.
SECTION 2. Chapter 281, Transportation Code, is amended by
adding Section 281.008 to read as follows:
Sec. 281.008. PROHIBITION AGAINST REMOVING BARRIER ON
CONTESTED ROAD. (a) While a suit is pending under Section 281.007,
the county may not remove a barrier on the contested portion of road
placed by the person asserting the private right, title, or
interest unless:
(1) the contested portion of the road is fenced on both
sides along its entire length; or
(2) the district court has granted a temporary
injunction in favor of the county and the county has posted a bond
in the amount determined by the court to be sufficient to protect
the landowner from the potential damage to the landowner's
property, business operations, crops, and livestock if the county
does not prevail at the trial on the merits.
(b) This section applies only if the person contesting the
public interest in the road filed the contest not later than the
180th day after the date the person knew or should have known that
the county was asserting an interest in the road.
SECTION 3. Subchapter B, Chapter 2007, Government Code, is
amended by adding Section 2007.027 to read as follows:
Sec. 2007.027. PROHIBITION AGAINST REMOVING BARRIER ON
CONTESTED ROAD. In a suit brought under this chapter to determine
whether a public interest asserted by a governmental entity in a
private road is valid, the governmental entity may not remove a
barrier on the contested portion of road placed by the person
contesting the public interest unless:
(1) the contested portion of the road is fenced on both
sides along its entire length; or
(2) the district court has granted a temporary
injunction in favor of the governmental entity and the governmental
entity has posted a bond in the amount determined by the district
court to be sufficient to protect the landowner from the potential
damage to the landowner's property, business operations, crops, and
livestock if the governmental entity does not prevail at the trial
on the merits.
SECTION 4. The changes in law made by this Act apply only to
a contest or suit that is brought on or after the effective date of
this Act. A contest or suit that was brought before the effective
date of this Act is governed by the law in effect immediately before
the effective date of this Act, and the former law is continued in
effect for that purpose.
SECTION 5. This Act takes effect September 1, 2005.