By: Bonnen (Senate Sponsor - Jackson) H.B. No. 2591

(In the Senate - Received from the House May 3, 2007; May 7, 2007, read first time and referred to Committee on Intergovernmental Relations; May 15, 2007, reported favorably by the following vote: Yeas 3, Nays 0; May 15, 2007, sent to printer.)

A BILL TO BE ENTITLED

AN ACT

relating to county improvement of subdivision roads.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 253.001, Transportation Code, is amended to read as follows:

Sec. 253.001. APPLICABILITY. This chapter applies only to a subdivision, part of a subdivision, or an access road [in an unincorporated area of a county].

SECTION 2. Chapter 253, Transportation Code, is amended by adding Section 253.012 to read as follows:

Sec. 253.012. ROADS IN MUNICIPALITIES. (a) If a road in a subdivision or an access road to a subdivision is located in a municipality, the county may improve the road only if the governing body of the municipality and the commissioners court:

(1) agree that the county may improve the road; and

(2) in the agreement indicate whether the improved road will become a county road or a municipal road.

(b) Before a county may improve a road located in a municipality under this section:

(1) the county must meet the other requirements of this subchapter; and

(2) the commissioners court of the county must find that the improvement of the road serves a county purpose.

(c) Section 253.011 does not apply to a road improved under this section.

SECTION 3. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2007.

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