BILL ANALYSIS

C.S.H.B. 3280

By: Phillips

County Affairs

Committee Report (Substituted)

BACKGROUND AND PURPOSE

In some counties, a rancher owns both sides of a county road and the rancher's cattle roam free.  The cattle guard on the county road is the only barrier to prevent the cattle from escaping onto a major roadway.  Many of these cattle guards have been in place for years. When a cattle guard is removed by a county, ranchers must move their cattle to another location or in some cases build fences. Relocating cattle can be expensive, due to transportation and grazing lease costs, or, in some cases, impossible depending on whether the rancher has alternate pastures to use.  Building fences is also expensive, with estimated costs of $10,000–$12,000 per mile.

C.S.H.B. 3280 authorizes the commissioners court of a county to remove a cattle guard from a county road of any class if the commissioners court notifies each person who owns land adjacent to the cattle guard by certified mail not less than 90 days before the proposed removal of the cattle guard.

RULEMAKING AUTHORITY

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

ANALYSIS

C.S.H.B. 3280 amends the Transportation Code to authorize the commissioners court of a county to remove a cattle guard from a county road of any class if the commissioners court notifies each person who owns land adjacent to the cattle guard by certified mail not less than 90 days before the proposed removal of the cattle guard. The bill does not require the commissioners court to hold a public hearing on a proposed cattle guard removal, unless a resident of the county requests a public hearing. The bill provides that to be valid, a request for a public hearing must be in writing and be made before the 75th day after the date the notice from the commissioners court is mailed to each person who owns land adjacent to the cattle guard.

EFFECTIVE DATE

September 1, 2009.

COMPARISON OF ORIGINAL AND SUBSTITUTE

C.S.H.B. 3280 differs from the original by requiring notification to be sent to each person who owns land adjacent to the cattle guard, rather than to each affected landowner.