H.B. No. 1709
 
 
 
 
AN ACT
  relating to the closing, abandoning, and vacating of a public road
  by a county; authorizing the imposition of a fee.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 251.058, Transportation Code, is amended
  by amending Subsection (b) and adding Subsections (b-1), (d), (e),
  and (f) to read as follows:
         (b)  Title to a public road or portion of a public road that
  is closed, abandoned, and vacated to the center line of the road
  vests on the date the order is signed by the county judge in the
  owner of the property that abuts the portion of the road being
  closed, abandoned, and vacated.  A copy of the order shall be filed
  in the deed records of the county and serves as the official
  instrument of conveyance from the county to the owner of the
  abutting property.  The order shall:
               (1)  include the name of each property owner who
  receives a conveyance under this section;
               (2)  include the dimensions of the property being
  conveyed to each property owner; [and]
               (3)  be indexed in the deed records of the county in a
  manner that describes:
                     (A)  the county conveying the property as grantor;
  and
                     (B)  the property owner receiving the conveyance
  as grantee; and
               (4)  if a public utility or common carrier that has the
  right of eminent domain is using the property being conveyed for a
  right-of-way or easement purpose, state that the title to the
  property is subject to the right-of-way or easement and the
  continued use by the public utility or common carrier of utility
  infrastructure in existence on the date the order is signed.
         (b-1)  Not later than the 30th day before the date an order is
  signed under Subsection (b), the commissioners court shall notify a
  public utility or common carrier described by Subsection (b)(4) of
  the proposal to close, abandon, and vacate the public road or
  portion of the public road.
         (d)  If a commissioners court closes, abandons, and vacates a
  public road or a portion of a public road at the request of an owner
  of property that abuts the portion of the road being closed,
  abandoned, and vacated, the commissioners court may require the
  owner to:
               (1)  pay all reasonable administrative costs incurred
  for processing the request and recording the order described by
  Subsection (b) in the county deed records; and
               (2)  reimburse the county for the market value of any
  property interest conveyed to the owner.
         (e)  A county by order of the commissioners court may adopt
  standard fees required to be paid under Subsection (d)(1) for
  processing a request and recording an order.
         (f)  For purposes of Subsection (b), "utility
  infrastructure" includes any facility owned by:
               (1)  an electric utility, as defined by Section 31.002,
  Utilities Code;
               (2)  a gas utility, as defined by Section 101.003 or
  121.001, Utilities Code;
               (3)  a telecommunications provider, as defined by
  Section 51.002, Utilities Code; or
               (4)  a video service provider, as defined by Section
  66.002, Utilities Code.
         SECTION 2.  The change in law made by this Act to Section
  251.058, Transportation Code, applies only to a request to close,
  abandon, and vacate a public road or a portion of a public road that
  is submitted to a commissioners court on or after the effective date
  of this Act. A request submitted to a commissioners court before the
  effective date of this Act is governed by the law in effect when the
  request was submitted, and the former law is continued in effect for
  that purpose.
         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, 2015.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 1709 was passed by the House on April
  30, 2015, by the following vote:  Yeas 138, Nays 1, 1 present, not
  voting; and that the House concurred in Senate amendments to H.B.
  No. 1709 on May 22, 2015, by the following vote:  Yeas 133, Nays 1,
  2 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 1709 was passed by the Senate, with
  amendments, on May 21, 2015, by the following vote:  Yeas 31, Nays
  0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor