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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 county 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 Subsections (b-2) and (b-3) |
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to read as follows: |
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(b) Except as provided by Subsection (b-3), 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) Subsection (b-3) applies only to a county road that: |
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(1) is located wholly or partially: |
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(A) outside the corporate limits of a |
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municipality; and |
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(B) in a county located on the Texas-Mexico |
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border that has a population of less than 300,000 and contains a |
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municipality with a population of 200,000 or more; and |
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(2) abuts single family residential lots in a planned |
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residential subdivision that is located wholly in the corporate |
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limits of a municipality. |
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(b-3) Notwithstanding Subsection (b), a commissioners court |
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that closes, abandons, or vacates a county road to which this |
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subsection applies: |
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(1) 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 county road to any abutting property's owner |
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will create a public nuisance or safety hazard; and |
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(2) on a finding described by Subdivision (1), may: |
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(A) petition the municipality to annex the county |
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road; or |
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(B) use the county road for any public purpose |
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not related to motorized vehicle traffic, including as a hiking and |
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biking trail or as a linear park. |
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SECTION 2. This Act takes effect September 1, 2025. |
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