Texas 2009 - 81st Regular

Texas House Bill HB4618 Compare Versions

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Old	New	Differences
1	1	81R25731 AJA-D
2	2	By: Flynn H.B. No. 4618
3	3	Substitute the following for H.B. No. 4618:
4	4	By: Elkins C.S.H.B. No. 4618
5	5
6	6
7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to limitations on certain non-express easements.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Title 10, Property Code, is amended by adding
12	12	Subtitle D to read as follows:
13	13	SUBTITLE D. EASEMENTS
14	14	CHAPTER 191. NON-EXPRESS EASEMENTS
15	15	Sec. 191.001. APPLICABILITY OF CHAPTER. This chapter
16	16	applies to an easement that:
17	17	(1) permits a right-of-way over a servient tenement
18	18	for the benefit of a dominant tenement; and
19	19	(2) is not established by an express agreement between
20	20	the owners of the dominant and servient tenements, including an
21	21	easement by estoppel, implication, or prescription or an easement
22	22	or way of necessity.
23	23	Sec. 191.002. SIZE OF CERTAIN EASEMENTS. In a suit
24	24	regarding the scope of an easement permitting the use of a road over
25	25	the servient tenement for the benefit of the dominant tenement, the
26	26	area subject to the easement may not be extended by the court beyond
27	27	the traveled surface of the road at the time the suit is filed, as
28	28	determined by a professional survey.
29	29	Sec. 191.003. LIMITATION ON FUTURE IMPACT OF EASEMENT. (a)
30	30	An easement imposed by a court must be limited by the court in a
31	31	manner that prevents a future increase in the impact of the easement
32	32	on the servient tenement.
33	33	(b) For the purposes of this section, an increase in the
34	34	impact of an easement on a servient tenement includes:
35	35	(1) an increase in traffic on a road over the servient
36	36	tenement caused by the use of the road for the benefit of the
37	37	dominant tenement;
38	38	(2) an increase in the effect of traffic on a road over
39	39	the servient tenement directly or indirectly caused by the use of
40	40	the road for the benefit of the dominant tenement, including an
41	41	increase in dust, litter, or potential criminal activity;
42	42	(3) any change in the nature or boundaries of a road
43	43	over the servient tenement that is used for the benefit of the
44	44	dominant tenement; and
45	45	(4) any other increase in the frequency or length of
46	46	time of use of an easement for the benefit of the dominant tenement
47	47	or change in the nature of the use of an easement for the benefit of
48	48	the dominant tenement.
49	49	Sec. 191.004. PLACEMENT AND OPERATION OF GATES, FENCES, AND
50	50	OTHER MATERIALS ON OR ALONG EASEMENT. (a) An easement imposed by a
51	51	court may not limit the right of the owner or the servient tenement
52	52	to place and operate manual or electronic gates or fences, trees or
53	53	other vegetation, or stones or other material along the border of
54	54	the area subject to the easement.
55	55	(b) A person who uses an easement imposed by a court for the
56	56	benefit of the dominant tenement shall keep a gate or fence placed
57	57	along the border of the area subject to the easement open or closed
58	58	as directed by the owner of the servient tenement.
59	59	(c) If the owner of the servient tenement installs a manual
60	60	gate and an electronic gate along the border of an area subject to
61	61	an easement imposed by a court:
62	62	(1) the electronic gate may be used for the benefit of
63	63	the dominant tenement only with the permission of the owner of the
64	64	servient tenement; and
65	65	(2) the owner of the dominant tenement, or another
66	66	person using the electronic gate for the benefit of the dominant
67	67	tenement, if applicable, shall make any payment imposed for the use
68	68	of the gate by the owner of the servient tenement.
69	69	SECTION 2. The change in law made by this Act applies to an
70	70	action concerning an easement filed on or after the effective date
71	71	of this Act or pending on the effective date of this Act.
72	72	SECTION 3. This Act takes effect September 1, 2009.