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A BILL TO BE ENTITLED
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AN ACT
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relating to the release of certain restrictions on the use of |
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certain highway rights-of-way transferred to a municipality from |
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the Texas Department of Transportation. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 202.021, Transportation Code, is amended |
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by adding Subsection (e-2) to read as follows: |
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(e-2) A municipality that has received a grant of highway |
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right-of-way from the department that is subject to a reservation |
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described by Subsection (e-1) may, with the approval of its |
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governing body after a public hearing, enter into an agreement with |
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the department under which: |
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(1) the department agrees to: |
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(A) recommend to the governor that an instrument |
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releasing the reservation be executed; and |
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(B) if executed, record the instrument in the |
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deed records of the county in which the right-of-way is located; and |
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(2) the municipality, if the instrument releasing the |
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reservation is executed, agrees to: |
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(A) transfer the right-of-way to one or more |
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landowners in exchange for real property with a value that is equal |
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to or greater than the value of the right-of-way; |
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(B) use the acquired real property for public |
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road purposes; and |
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(C) execute and record in the deed records of the |
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county in which the acquired real property is located a restrictive |
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covenant that grants the real property to the state if the real |
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property ceases to be used for public road purposes. |
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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, 2015. |