Bill Text: TX HB1738 | 2015-2016 | 84th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB1738 Detail]
Download: Texas-2015-HB1738-Introduced.html
Bill Title: 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.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Enrolled - Dead) 2015-06-18 - Effective immediately [HB1738 Detail]
Download: Texas-2015-HB1738-Introduced.html
84R7750 JTS-F | ||
By: Isaac | H.B. No. 1738 |
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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. |