Texas House Bill HB3280

Texas 2009 - 81st Regular

• Out of House Committee: 4/22/09

Caption

Relating to the procedure for the removal of a cattle guard on a county road.

Impact

The passage of HB 3280 could lead to significant changes in how local governments manage livestock fencing across Texas. By establishing a clearer protocol for the removal of cattle guards, it allows for greater responsiveness to changing transportation needs and modifications in road usage. This could result in improved traffic flow and reduced liability issues for counties regarding the maintenance of cattle guards. Overall, it aims to enhance the administrative efficiency of county operations while still maintaining the requirement for landowner notification.

Summary

House Bill 3280 proposes a new procedural framework for the removal of cattle guards from county roads in Texas. Under this bill, the commissioners court of a county has the authority to remove a cattle guard from any class of county road, provided they notify each affected landowner through certified mail at least 90 days prior to the planned removal. This initiative seeks to streamline the process of cattle guard removal, making it more efficient and reducing potential delays caused by the prior lengthy approach.

Contention

While the bill simplifies procedures, some concerns have been raised regarding the lack of mandatory public hearings before a cattle guard can be removed. Even though residents can request a public hearing if they feel it necessary, the absence of such hearings as a standard procedure raises questions about the transparency of the decision-making process. Critics argue that this could lead to decisions that do not fully consider the local implications or the concerns of landowners who may be affected by the removal, highlighting a balance that needs to be struck between efficiency and community involvement.