| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to procedures for a commissioners court to close, abandon, |
|
|
or vacate certain county roads. |
|
|
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-2) and (b-3) |
|
|
to read as follows: |
|
|
(b) Except as provided by Subsection (b-3), title [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; |
|
|
(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-2) Subsection (b-3) applies only to a county road that: |
|
|
(1) is located wholly or partially outside the |
|
|
corporate limits of a municipality; and |
|
|
(2) abuts single family residential lots in a planned |
|
|
residential subdivision that is located wholly in the corporate |
|
|
limits of a municipality. |
|
|
(b-3) Notwithstanding Subsection (b), a commissioners court |
|
|
that closes, abandons, or vacates a county road to which this |
|
|
subsection applies: |
|
|
(1) is not required to comply with the procedure |
|
|
established under Subsection (b) if the commissioners court finds |
|
|
that conveying the county road to any abutting property's owner |
|
|
will create a public nuisance or safety hazard; and |
|
|
(2) on a finding described by Subdivision (1), may: |
|
|
(A) petition the municipality to annex the county |
|
|
road; or |
|
|
(B) 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. |
|
|
SECTION 2. This Act takes effect September 1, 2025. |