BILL ANALYSIS

 

 

 

S.B. 2589

By: Zaffirini

Transportation

Committee Report (Unamended)

 

 

 

BACKGROUND AND PURPOSE

 

The bill sponsor has informed the committee that when a county road is closed, abandoned, or vacated by a county commissioners court, county judges must convey the land on which the county road existed to landowners whose property line abuts the road, which can create issues if landowners do not want the land or if they refuse to maintain it. The bill sponsor has also informed the committee that under current law, closing Wormser Road, a public road with a 60‑foot right-of-way that runs partly within the City of Laredo and partly in unincorporated Webb County, would require Webb County to transfer ownership to adjacent property owners, creating 30-foot-wide alleys behind the residential lots. The bill sponsor has further informed the committee that these alleys would remain under Webb County jurisdiction unless the owners petition for annexation into the City of Laredo and would likely become nuisance areas for illegal dumping and trash. S.B. 2589 seeks to remedy this situation by providing for a procedure for a commissioners court to close, abandon, or vacate certain county roads.

 

CRIMINAL JUSTICE IMPACT

 

It is the committee's opinion that this bill does not expressly create a criminal offense, increase the punishment for an existing criminal offense or category of offenses, or change the eligibility of a person for community supervision, parole, or mandatory supervision.

 

RULEMAKING AUTHORITY

 

It is the committee's opinion that this bill does not expressly grant any additional rulemaking authority to a state officer, department, agency, or institution.

 

ANALYSIS

 

S.B. 2589 amends the Transportation Code to provide for a procedure for a commissioners court to close, abandon, or vacate a county road that, as follows:

·       is located wholly or partially:

o   outside the corporate limits of a municipality; and

o   in a county located on the Texas-Mexico border that has a population of less than 300,000 and contains a municipality with a population of 200,000 or more; and

·       abuts single family residential lots in a planned residential subdivision that is located wholly in the corporate limits of a municipality.

The bill establishes that a commissioners court that closes, abandons, or vacates such a county road is not required to comply with the current procedures for conveyance of the property if the commissioners court finds that conveying the county road to any abutting property's owner will create a public nuisance or safety hazard. The bill authorizes the commissioners court, on such a finding, to petition the municipality to annex the county road or to use the county road for any public purpose not related to motorized vehicle traffic, including as a hiking and biking trail or as a linear park.

 

EFFECTIVE DATE

 

September 1, 2025.