Texas 2025 - 89th Regular

Texas Senate Bill SB2589 Compare Versions

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1+89R13910 GP-F
12 By: Zaffirini S.B. No. 2589
2- (In the Senate - Filed March 13, 2025; April 3, 2025, read
3- first time and referred to Committee on Transportation;
4- April 23, 2025, reported adversely, with favorable Committee
5- Substitute by the following vote: Yeas 9, Nays 0; April 23, 2025,
6- sent to printer.)
7-Click here to see the committee vote
8- COMMITTEE SUBSTITUTE FOR S.B. No. 2589 By: Hinojosa of Hidalgo
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137 A BILL TO BE ENTITLED
148 AN ACT
159 relating to procedures for a commissioners court to close, abandon,
1610 or vacate certain county roads.
1711 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1812 SECTION 1. Section 251.058, Transportation Code, is amended
1913 by amending Subsection (b) and adding Subsections (b-2) and (b-3)
2014 to read as follows:
2115 (b) Except as provided by Subsection (b-3), title [Title] to
2216 a public road or portion of a public road that is closed, abandoned,
2317 and vacated to the center line of the road vests on the date the
2418 order is signed by the county judge in the owner of the property
2519 that abuts the portion of the road being closed, abandoned, and
2620 vacated. A copy of the order shall be filed in the deed records of
2721 the county and serves as the official instrument of conveyance from
2822 the county to the owner of the abutting property. The order shall:
2923 (1) include the name of each property owner who
3024 receives a conveyance under this section;
3125 (2) include the dimensions of the property being
3226 conveyed to each property owner;
3327 (3) be indexed in the deed records of the county in a
3428 manner that describes:
3529 (A) the county conveying the property as grantor;
3630 and
3731 (B) the property owner receiving the conveyance
3832 as grantee; and
3933 (4) if a public utility or common carrier that has the
4034 right of eminent domain is using the property being conveyed for a
4135 right-of-way or easement purpose, state that the title to the
4236 property is subject to the right-of-way or easement and the
4337 continued use by the public utility or common carrier of utility
4438 infrastructure in existence on the date the order is signed.
4539 (b-2) Subsection (b-3) applies only to a county road that:
46- (1) is located wholly or partially:
47- (A) outside the corporate limits of a
48- municipality; and
49- (B) in a county located on the Texas-Mexico
50- border that has a population of less than 300,000 and contains a
51- municipality with a population of 200,000 or more; and
40+ (1) is located wholly or partially outside the
41+ corporate limits of a municipality; and
5242 (2) abuts single family residential lots in a planned
5343 residential subdivision that is located wholly in the corporate
5444 limits of a municipality.
5545 (b-3) Notwithstanding Subsection (b), a commissioners court
5646 that closes, abandons, or vacates a county road to which this
5747 subsection applies:
5848 (1) is not required to comply with the procedure
5949 established under Subsection (b) if the commissioners court finds
6050 that conveying the county road to any abutting property's owner
6151 will create a public nuisance or safety hazard; and
6252 (2) on a finding described by Subdivision (1), may:
6353 (A) petition the municipality to annex the county
6454 road; or
6555 (B) use the county road for any public purpose
6656 not related to motorized vehicle traffic, including as a hiking and
6757 biking trail or as a linear park.
6858 SECTION 2. This Act takes effect September 1, 2025.
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