2 | | - | (In the Senate - Filed March 13, 2025; April 3, 2025, read |
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3 | | - | first time and referred to Committee on Transportation; |
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4 | | - | April 23, 2025, reported adversely, with favorable Committee |
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5 | | - | Substitute by the following vote: Yeas 9, Nays 0; April 23, 2025, |
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6 | | - | sent to printer.) |
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7 | | - | Click here to see the committee vote |
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8 | | - | COMMITTEE SUBSTITUTE FOR S.B. No. 2589 By: Hinojosa of Hidalgo |
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9 | 3 | | |
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10 | 4 | | |
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11 | 5 | | |
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12 | 6 | | |
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13 | 7 | | A BILL TO BE ENTITLED |
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14 | 8 | | AN ACT |
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15 | 9 | | relating to procedures for a commissioners court to close, abandon, |
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16 | 10 | | or vacate certain county roads. |
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17 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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18 | 12 | | SECTION 1. Section 251.058, Transportation Code, is amended |
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19 | 13 | | by amending Subsection (b) and adding Subsections (b-2) and (b-3) |
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20 | 14 | | to read as follows: |
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21 | 15 | | (b) Except as provided by Subsection (b-3), title [Title] to |
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22 | 16 | | a public road or portion of a public road that is closed, abandoned, |
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23 | 17 | | and vacated to the center line of the road vests on the date the |
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24 | 18 | | order is signed by the county judge in the owner of the property |
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25 | 19 | | that abuts the portion of the road being closed, abandoned, and |
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26 | 20 | | vacated. A copy of the order shall be filed in the deed records of |
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27 | 21 | | the county and serves as the official instrument of conveyance from |
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28 | 22 | | the county to the owner of the abutting property. The order shall: |
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29 | 23 | | (1) include the name of each property owner who |
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30 | 24 | | receives a conveyance under this section; |
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31 | 25 | | (2) include the dimensions of the property being |
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32 | 26 | | conveyed to each property owner; |
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33 | 27 | | (3) be indexed in the deed records of the county in a |
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34 | 28 | | manner that describes: |
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35 | 29 | | (A) the county conveying the property as grantor; |
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36 | 30 | | and |
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37 | 31 | | (B) the property owner receiving the conveyance |
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38 | 32 | | as grantee; and |
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39 | 33 | | (4) if a public utility or common carrier that has the |
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40 | 34 | | right of eminent domain is using the property being conveyed for a |
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41 | 35 | | right-of-way or easement purpose, state that the title to the |
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42 | 36 | | property is subject to the right-of-way or easement and the |
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43 | 37 | | continued use by the public utility or common carrier of utility |
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44 | 38 | | infrastructure in existence on the date the order is signed. |
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45 | 39 | | (b-2) Subsection (b-3) applies only to a county road that: |
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52 | 42 | | (2) abuts single family residential lots in a planned |
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53 | 43 | | residential subdivision that is located wholly in the corporate |
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54 | 44 | | limits of a municipality. |
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55 | 45 | | (b-3) Notwithstanding Subsection (b), a commissioners court |
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56 | 46 | | that closes, abandons, or vacates a county road to which this |
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57 | 47 | | subsection applies: |
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58 | 48 | | (1) is not required to comply with the procedure |
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59 | 49 | | established under Subsection (b) if the commissioners court finds |
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60 | 50 | | that conveying the county road to any abutting property's owner |
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61 | 51 | | will create a public nuisance or safety hazard; and |
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62 | 52 | | (2) on a finding described by Subdivision (1), may: |
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63 | 53 | | (A) petition the municipality to annex the county |
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64 | 54 | | road; or |
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65 | 55 | | (B) use the county road for any public purpose |
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66 | 56 | | not related to motorized vehicle traffic, including as a hiking and |
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67 | 57 | | biking trail or as a linear park. |
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68 | 58 | | SECTION 2. This Act takes effect September 1, 2025. |
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