Relating to procedures for a commissioners court to close, abandon, or vacate certain county roads, the official text

S.B. No. 2589

AN ACT

relating to procedures for a commissioners court to close, abandon,

or vacate certain county roads.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 251.058, Transportation Code, is amended

by amending Subsection (b) and adding Subsections (b-2) and (b-3)

to read as follows:

(b) Except as provided by Subsection (b-3), title [Title] to

a public road or portion of a public road that is closed, abandoned,

and vacated to the center line of the road vests on the date the

order is signed by the county judge in the owner of the property

that abuts the portion of the road being closed, abandoned, and

vacated. A copy of the order shall be filed in the deed records of

the county and serves as the official instrument of conveyance from

the county to the owner of the abutting property. The order shall:

(1) include the name of each property owner who

receives a conveyance under this section;

(2) include the dimensions of the property being

conveyed to each property owner;

(3) be indexed in the deed records of the county in a

manner that describes:

(A) the county conveying the property as grantor;

and

(B) the property owner receiving the conveyance

as grantee; and

(4) if a public utility or common carrier that has the

right of eminent domain is using the property being conveyed for a

right-of-way or easement purpose, state that the title to the

property is subject to the right-of-way or easement and the

continued use by the public utility or common carrier of utility

infrastructure in existence on the date the order is signed.

(b-2) Subsection (b-3) applies only to a county road that:

(1) is located wholly or partially:

(A) outside the corporate limits of a

municipality; and

(B) in a county located on the Texas-Mexico

border that has a population of less than 300,000 and contains a

municipality with a population of 200,000 or more; and

(2) abuts single family residential lots in a planned

residential subdivision that is located wholly in the corporate

limits of a municipality.

(b-3) Notwithstanding Subsection (b), a commissioners court

that closes, abandons, or vacates a county road to which this

subsection applies:

(1) is not required to comply with the procedure

established under Subsection (b) if the commissioners court finds

that conveying the county road to any abutting property's owner

will create a public nuisance or safety hazard; and

(2) on a finding described by Subdivision (1), may:

(A) petition the municipality to annex the county

road; or

(B) use the county road for any public purpose

not related to motorized vehicle traffic, including as a hiking and

biking trail or as a linear park.

SECTION 2. This Act takes effect September 1, 2025.

______________________________
______________________________

President of the Senate
Speaker of the House

I hereby certify that S.B. No. 2589 passed the Senate on

May 1, 2025, by the following vote: Yeas 26, Nays 5.

______________________________

Secretary of the Senate

I hereby certify that S.B. No. 2589 passed the House on

May 28, 2025, by the following vote: Yeas 130, Nays 11, two

present not voting.

______________________________

Chief Clerk of the House

Approved:

______________________________

Date

______________________________

Governor