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A BILL TO BE ENTITLED
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AN ACT
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relating to county roads mistakenly established and maintained by |
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an adjoining county. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 251, Transportation Code, |
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is amended by adding Section 251.018 to read as follows: |
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Sec. 251.018. ROAD MISTAKENLY ESTABLISHED AND MAINTAINED BY |
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ADJOINING COUNTY. (a) A county that discovers that a public road |
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established by the county and considered by the county as part of |
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the county's road system is not located in the county shall: |
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(1) declare by order of the commissioners court that |
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the road lies outside the county; |
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(2) cease maintaining the road; |
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(3) send certified copies of the order and supporting |
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documentation, including maps, plats, and surveys, to the county or |
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counties in which the road lies; and |
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(4) send a certified copy of the order to the |
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department. |
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(b) Action by a county under Subsection (a) does not affect |
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a right of the public to use the road as a public road. |
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(c) After receipt of documents described by Subsection |
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(a)(3), the commissioners court of a county in which the road lies |
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by order may: |
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(1) confirm the findings in the order received by the |
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county; and |
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(2) include the road in the county's road system. |
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(d) The inclusion of a road in a county's road system under |
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Subsection (c) does not affect the county's standards for |
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subdivision roads under Section 232.0031, Local Government Code, |
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and the county is not required to maintain the included road to meet |
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the standards required for county subdivision roads. |
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(e) The inclusion of a road in a county's road system under |
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Subsection (c) does not affect the liability in tort of the original |
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establishing county for an injury that occurs before the date the |
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road is included. |
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(f) Any action authorized to be taken under this section |
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regarding a public road may also be taken regarding a portion of a |
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public road. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2011. |