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A BILL TO BE ENTITLED
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AN ACT
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relating to the abandonment of a county road. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.057 (b), Transportation Code, is |
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amended to read as follows: |
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Sec. 251.057. Abandonment of County Road. (a) A county road |
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is abandoned when its use has become so infrequent that one or more |
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adjoining property owners have enclosed the road with a fence |
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continuously for at least 20 years. The abandoned road may be |
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reestablished as a public road only in the manner provided for |
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establishing a new road. |
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(b) This section does not apply to: |
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(1) a road to a cemetery unless an adjoining property |
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owner files an affidavit in the deed records, at any time after the |
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expiration of the 20-year period provided in subsection (a), |
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agreeing to provide reasonable access to the cemetery pursuant to |
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Health & Safety Code Section 711.92 as it existed on September 1, |
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2013; or |
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(2) an access road that is reasonably necessary to |
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reach adjoining real property. |
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Section 2. This Act takes affect September 1, 2013. |