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A BILL TO BE ENTITLED
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AN ACT
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relating to procedures for a commissioners court to close, abandon, |
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or vacate certain public roads. |
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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 Subsection (b-2) to read as |
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follows: |
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(b) Except as provided by Subsection (b-2), title [Title] to |
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a public road or portion of a public road that is closed, abandoned, |
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and vacated to the center line of the road vests on the date the |
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order is signed by the county judge in the owner of the property |
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that abuts the portion of the road being closed, abandoned, and |
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vacated. A copy of the order shall be filed in the deed records of |
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the county and serves as the official instrument of conveyance from |
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the county to the owner of the 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; |
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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-2) Notwithstanding Subsection (b), a commissioners court |
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that closes, abandons, or vacates a public road that abuts an |
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existing single family residential lot in a planned residential |
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subdivision located wholly in the corporate limits of a |
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municipality is not required to comply with the procedure |
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established under Subsection (b) if the commissioners court finds |
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that conveying the property to any abutting property's owner will |
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create a public nuisance or safety hazard. |
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SECTION 2. This Act takes effect September 1, 2025. |