By: Tepper H.B. No. 1722
A BILL TO BE ENTITLED
AN ACT
relating to an owner's or lessee's access to private property
located within a Texas Department of Transportation highway
right-of-way.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter F, Chapter 203, Transportation Code,
is amended by adding Section 203.113 to read as follows:
Sec. 203.113. OWNER OR LESSEE ACCESS TO PRIVATE PROPERTY IN
HIGHWAY RIGHT-OF-WAY. (a) Notwithstanding any other law, the
department may not prohibit or otherwise restrict a person from
accessing private property the person owns or leases that:
(1) is located within a highway right-of-way the
department acquires;
(2) can only be accessed through the right-of-way; and
(3) was constructed before the department assumed
authority over the right-of-way.
(b) This section does not prohibit the department or the
commission from acquiring a person's interest in private property
described by Subsection (a) through purchase, condemnation, or
other means as authorized by Subchapter D or other law.
SECTION 2. This Act takes effect September 1, 2025.