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A BILL TO BE ENTITLED
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AN ACT
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relating to the closing, abandoning, and vacating of a public road |
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by a county; authorizing the imposition of a fee. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.058, Transportation Code, is amended |
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by amending Subsection (b) and adding Subsections (b-1), (d), (e), |
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and (f) to read as follows: |
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(b) Title to a public road or portion of a public road that |
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is closed, abandoned, and vacated to the center line of the road |
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vests on the date the order is signed by the county judge in the |
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owner of the property that abuts the portion of the road being |
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closed, abandoned, and vacated. A copy of the order shall be filed |
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in the deed records of the county and serves as the official |
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instrument of conveyance from the county to the owner of the |
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abutting property. The order shall: |
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(1) include the name of each property owner who |
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receives a conveyance under this section; |
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(2) include the dimensions of the property being |
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conveyed to each property owner; [and] |
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(3) be indexed in the deed records of the county in a |
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manner that describes: |
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(A) the county conveying the property as grantor; |
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and |
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(B) the property owner receiving the conveyance |
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as grantee; and |
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(4) if a public utility or common carrier that has the |
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right of eminent domain is using the property being conveyed for a |
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right-of-way or easement purpose, state that the title to the |
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property is subject to the right-of-way or easement and the |
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continued use by the public utility or common carrier of utility |
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infrastructure in existence on the date the order is signed. |
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(b-1) Not later than the 30th day before the date an order is |
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signed under Subsection (b), the commissioners court shall notify a |
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public utility or common carrier described by Subsection (b)(4) of |
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the proposal to close, abandon, and vacate the public road or |
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portion of the public road. |
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(d) If a commissioners court closes, abandons, and vacates a |
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public road or a portion of a public road at the request of an owner |
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of property that abuts the portion of the road being closed, |
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abandoned, and vacated, the commissioners court may require the |
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owner to: |
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(1) pay all reasonable administrative costs incurred |
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for processing the request and recording the order described by |
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Subsection (b) in the county deed records; and |
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(2) reimburse the county for the market value of any |
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property interest conveyed to the owner. |
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(e) A county by order of the commissioners court may adopt |
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standard fees required to be paid under Subsection (d)(1) for |
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processing a request and recording an order. |
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(f) For purposes of Subsection (b), "utility |
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infrastructure" includes any facility owned by: |
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(1) an electric utility, as defined by Section 31.002, |
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Utilities Code; or |
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(2) a gas utility, as defined by Section 101.003 or |
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121.001, Utilities Code. |
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SECTION 2. The change in law made by this Act to Section |
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251.058, Transportation Code, applies only to a request to close, |
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abandon, and vacate a public road or a portion of a public road that |
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is submitted to a commissioners court on or after the effective date |
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of this Act. A request submitted to a commissioners court before the |
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effective date of this Act is governed by the law in effect when the |
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request was submitted, and the former law is continued in effect for |
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that purpose. |
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SECTION 3. 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, 2015. |
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