84R7750 JTS-F
By: Isaac H.B. No. 1738
A BILL TO BE ENTITLED
AN ACT
relating to the release of certain restrictions on the use of
certain highway rights-of-way transferred to a municipality from
the Texas Department of Transportation.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Section 202.021, Transportation Code, is amended
by adding Subsection (e-2) to read as follows:
(e-2) A municipality that has received a grant of highway
right-of-way from the department that is subject to a reservation
described by Subsection (e-1) may, with the approval of its
governing body after a public hearing, enter into an agreement with
the department under which:
(1) the department agrees to:
(A) recommend to the governor that an instrument
releasing the reservation be executed; and
(B) if executed, record the instrument in the
deed records of the county in which the right-of-way is located; and
(2) the municipality, if the instrument releasing the
reservation is executed, agrees to:
(A) transfer the right-of-way to one or more
landowners in exchange for real property with a value that is equal
to or greater than the value of the right-of-way;
(B) use the acquired real property for public
road purposes; and
(C) execute and record in the deed records of the
county in which the acquired real property is located a restrictive
covenant that grants the real property to the state if the real
property ceases to be used for public road purposes.
SECTION 2. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2015.