Bill Text: TX HB1749 | 2011-2012 | 82nd Legislature | Engrossed
Bill Title: Relating to county roads mistakenly established and maintained by an adjoining county.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Engrossed - Dead) 2011-05-09 - Referred to Transportation & Homeland Sec. [HB1749 Detail]
Download: Texas-2011-HB1749-Engrossed.html
| 82R22208 JTS-D | ||
| By: Kuempel | H.B. No. 1749 | |
|
|
||
|
|
||
| relating to county roads mistakenly established and maintained by | ||
| an adjoining county. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 251, Transportation Code, | ||
| is amended by adding Section 251.018 to read as follows: | ||
| Sec. 251.018. ROAD MISTAKENLY ESTABLISHED AND MAINTAINED BY | ||
| ADJOINING COUNTY. (a) A county that discovers that a public road | ||
| established by the county and considered by the county as part of | ||
| the county's road system is not located in the county shall: | ||
| (1) declare by order of the commissioners court that | ||
| the road lies outside the county; | ||
| (2) cease maintaining the road; | ||
| (3) send certified copies of the order and supporting | ||
| documentation, including maps, plats, and surveys, to the county or | ||
| counties in which the road lies; and | ||
| (4) send a certified copy of the order to the | ||
| department. | ||
| (b) Action by a county under Subsection (a) does not affect | ||
| a right of the public to use the road as a public road. | ||
| (c) After receipt of documents described by Subsection | ||
| (a)(3), the commissioners court of a county in which the road lies | ||
| by order may: | ||
| (1) confirm the findings in the order received by the | ||
| county; and | ||
| (2) include the road in the county's road system. | ||
| (d) The inclusion of a road in a county's road system under | ||
| Subsection (c) does not affect the county's standards for | ||
| subdivision roads under Section 232.0031, Local Government Code, | ||
| and the county is not required to maintain the included road to meet | ||
| the standards required for county subdivision roads. | ||
| (e) The inclusion of a road in a county's road system under | ||
| Subsection (c) does not affect the liability in tort of the original | ||
| establishing county for an injury that occurs before the date the | ||
| road is included. | ||
| (f) Any action authorized to be taken under this section | ||
| regarding a public road may also be taken regarding a portion of a | ||
| public road. | ||
| 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, 2011. | ||
