By: Hegar, Zaffirini S.B. No. 1059 (In the Senate - Filed February 23, 2009; March 13, 2009, read first time and referred to Committee on Agriculture and Rural Affairs; April 2, 2009, reported adversely, with favorable Committee Substitute by the following vote: Yeas 5, Nays 0; April 2, 2009, sent to printer.) COMMITTEE SUBSTITUTE FOR S.B. No. 1059 By: Uresti A BILL TO BE ENTITLED AN ACT relating to the procedure for the removal of a cattle guard on a county road. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 251, Transportation Code, is amended by adding Section 251.0096 to read as follows: Sec. 251.0096. REMOVAL OF CATTLE GUARDS FROM COUNTY ROADS. (a) The commissioners court of a county may remove a cattle guard from a county road of any class if the commissioners court notifies each person who owns land adjacent to the cattle guard by certified mail not less than 90 days before the proposed removal of the cattle guard. (b) The commissioners court is not required to hold a public hearing on a proposed cattle guard removal. If a resident of the county requests a public hearing, the commissioners court shall hold a public hearing on the removal of the cattle guard. To be valid, a request for a public hearing must be in writing and be made before the 75th day after the date the notice required by Subsection (a) is mailed. SECTION 2. This Act takes effect September 1, 2009. * * * * *