|
|
A BILL TO BE ENTITLED
|
|
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; or |
|
(2) a gas utility, as defined by Section 101.003 or |
|
121.001, 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. |
|
|
|
* * * * * |