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Transportation Code

Chapter 258. Clarification of Existence of Public Interest in Road by Adoption of County Road Map.
Sec. 258.001. Clarification of Public Interest in Road.
Sec. 258.002. Adoption of County Road Map.
Sec. 258.003. Conclusive Evidence.
Sec. 258.004. Contest.
Sec. 258.005. Transfer of Interest.
Sec. 258.006. Tax Abatement; Reversion of Interest.
Sec. 258.007. Expiration of Chapter.

Chapter 502. Registration of Vehicles.
Sec. 502.185. Refusal to Register Vehicle in Certain Counties.

Chapter 623. Permits for Oversize or Overweight Vehicles.
Subchapter E. Manufactured and Industrialized Housing.

Sec. 623.093. Contents of Application and Permit.
Sec. 623.104. Civil and Criminal Penalties.

Chapter 258. Clarification of Existence of Public Interest in Road by Adoption of County Road Map.

This chapter expires September 1, 2009.

Sec. 258.001. Clarification of Public Interest in Road.

Notwithstanding Chapter 281, a county may clarify the existence of a public interest in a road as provided by this chapter.

Added by HB 1117, 78th Tex. Leg., 2003, effective Sept. 1, 2003.

Notes:
This chapter is effective until September 1, 2009.

Sec. 258.002. Adoption of County Road Map.

(a) The commissioners court of a county may propose a county road map that includes each road in which the county claims the existence of a public interest:

(1) under Chapter 281 or other law; or

(2) as a result of having continuously maintained the road with public funds beginning before September 1, 1981.

(b) A commissioners court that proposes a county road map under this section shall hold a public meeting at which a person asserting a private right, title, or interest in a road in which the county has claimed the existence of a public interest may appear before the commissioners court to protest the county's claim. A person asserting a private right, title, or interest in a road may also file a written protest with the county judge at any time before the public meeting. The commissioners court shall appoint a jury of view consisting of five property owners who have no interest in the outcome of the protest to determine, by a majority vote after a public hearing and an examination of the county's road maintenance records and other information, the validity of the county's claim of the existence of a public interest in the road. A county has a valid claim of the existence of a public interest in a road if it provides written records or other information documenting the county's continuous maintenance of the road beginning before September 1, 1981. The determination of the jury of view is binding on the commissioners court, and the commissioners court shall revise the proposed county road map accordingly.

(c) The commissioners court shall publish at least once a week in a newspaper of general circulation in the county for at least four consecutive weeks preceding the date of the public meeting a notice:

(1) advising the public that the commissioners court has proposed a county road map including each road in which the county claims the existence of a public interest;

(2) identifying a location at the courthouse at which the proposed map will be available to the public during regular business hours; and

(3) stating the date and location of the public meeting.

(d) The commissioners court shall display the proposed map at the location and during the time described in the notice from the date on which notice is first published through the date on which the commissioners court formally adopts the proposed map. The map must be legible, and the map scale must be that not less than one inch equals 2,000 feet.

(e) The commissioners court may formally adopt the proposed map, as revised after public comment and a determination by the jury of view, only at a public meeting held before the 90th day following the date of the initial public meeting required by Subsection (b).

(f) The county clerk shall keep a county road map adopted under this section in a place accessible to the public.

(g) The failure to include on a county road map adopted under this section a road in which the county has previously acquired a public interest by purchase, condemnation, dedication, or a court's final judgment of adverse possession does not affect the status of the omitted road.

(h) In this section, "continuous maintenance" means grading or other routine road maintenance beginning before September 1, 1981, and continuing until the date of protest.

Added by HB 1117, 78th Tex. Leg., 2003, effective Sept. 1, 2003.

Sec. 258.003. Conclusive Evidence.

Except as provided by Section 258.004, a county road map adopted under Section 258.002 is conclusive evidence of:

(1) the public's right of access over a road included on the map; and

(2) the county's authority to spend public money to maintain a road included on the map.

Added by HB 1117, 78th Tex. Leg., 2003, effective Sept. 1, 2003.

Sec. 258.004. Contest.

(a) A person asserting a private right, title, or interest in a road in which the existence of a public interest is asserted under this chapter may contest the inclusion of the road in the county road map by filing a suit in a district court in the county in which the road is located not later than the second anniversary of the date on which the county road map including the road was adopted.

(b) The county has the burden of proving that the county has continuously maintained, as that term is defined by Section 258.002, the road in question.

Added by HB 1117, 78th Tex. Leg., 2003, effective Sept. 1, 2003.

Sec. 258.005. Transfer of Interest.

(a) The commissioners court shall include a notice of its intention to consider adoption of the county road map with the ad valorem tax statements for the year before the adoption of a county road map under Section 258.002. The notice must include a list of all roads in which the county will claim the existence of a public interest by adoption of the map, the date the commissioners court will hold the public meeting required by Section 258.002(b), and a statement that a landowner has a right to protest under Section 258.002(b). If a property owner tenders a warranty deed to the county for property included in the right-of-way of a county road, the commissioners court shall accept and file the warranty deed.

(b) The commissioners court shall include a notice of the adoption of the county road map with the ad valorem tax statements for the year after the year in which the county adopts a map under Section 258.002. The notice must include a list of all roads in which the county has claimed the existence of a public interest by adoption of the map, the date of the adoption, and the date on which the statute of limitations will bar a landowner from filing a suit in district court to dispute the county's claim.

Added by HB 1117, 78th Tex. Leg., 2003, effective Sept. 1, 2003.

Cross References:
Tax bills, see Sec. 31.01.

Sec. 258.006. Tax Abatement; Reversion of Interest.

(a) A private right, title, or interest, other than a mineral interest, held by a person in land underlying a road in which the county has successfully asserted the existence of a public interest under this chapter is exempt from ad valorem taxation by any taxing authority.

(b) A right, title, or interest described in Subsection (a) reverts completely to the person who held the right, title, or interest at the time the county successfully asserted the existence of the public interest in the land if the county ceases to maintain the road, and the person is liable for all ad valorem taxes levied on that right, title, or interest on or after the reversion.

(c) To levy and collect an ad valorem tax on a right, title, or interest described in Subsection (a) that has reverted to the landowner under Subsection (b), the taxing authority must obtain from the county an order stating that the county has ceased to maintain the road. The owner of the right, title, or interest will be liable for any ad valorem tax levied on the right, title, or interest on or after the date of the county's order.

Added by HB 1117, 78th Tex. Leg., 2003, effective Sept. 1, 2003.

Sec. 258.007. Expiration of Chapter.

This chapter expires September 1, 2009.

Added by HB 1117, 78th Tex. Leg., 2003, effective Sept. 1, 2003.

Chapter 502. Registration of Vehicles.

Sec. 502.185. Refusal to Register Vehicle in Certain Counties.

(a) A county assessor-collector or the department may refuse to register a motor vehicle if the assessor-collector or the department receives information that the owner of the vehicle owes the county money for a fine, fee, or tax that is past due.

(b) A county may contract with the department to provide information to the department necessary to make a determination under Subsection (a).

(c) A county that has a contract under Subsection (b) shall notify the department regarding a person for whom the county assessor-collector or the department has refused to register a motor vehicle on:

(1) the person's payment or other means of discharge of the past due fine, fee, or tax; or

(2) perfection of an appeal of the case contesting payment of the fine, fee, or tax.

(d) After notice is received under Subsection (c), the county assessor-collector or the department may not refuse to register the motor vehicle under Subsection (a).

(e) A contract under Subsection (b) must be entered into in accordance with Chapter 791, Government Code, and is subject to the ability of the parties to provide or pay for the services required under the contract.

(f) A county that has a contract under Subsection (b) may impose an additional fee to a person paying a fine, fee, or tax to the county after it is past due. The additional fee may be used only to reimburse the department for its expenses for providing services under the contract.

(g) In this section:

(1) a fine, fee, or tax is considered past due if it is unpaid 90 or more days after the date it is due; and

(2) registration of a motor vehicle includes renewal of the registration of the vehicle.

(h) This section does not apply to the registration of a motor vehicle under Section 501.0234.

Added by 1997 Tex. Laws, ch. 192, Sec. 1; amended by 1999 Tex. Laws, ch. 97, Sec. 1.

Chapter 623. Permits for Oversize or Overweight Vehicles.
Subchapter E. Manufactured and Industrialized Housing.

Sec. 623.093. Contents of Application and Permit.

(a) The application for a permit and the permit must be in the form prescribed by the department. The permit must show:

(1) the length, width, and height of the manufactured house and the towing vehicle in combination;

(2) the complete identification or serial number, the Department of Housing and Urban Development label number, or the state seal number of the house;

(3) the name of the owner of the house;

(4) the location from which the house is being transported;

(5) the location to which the house is being transported; and

(6) the route for the transportation of the house.

(b) The length of the manufactured house and the towing vehicle in combination includes the length of the hitch or towing device. The height is measured from the roadbed to the highest elevation of the manufactured house. The width of the house or section includes any roof or eave extension or overhang on either side.

(c) The route must be the shortest distance from the place where the transportation begins in this state to the place where the transportation ends in this state and include divided and interstate systems, except where construction is in progress or bridge or overpass width or height creates a safety hazard. A county or municipality may designate to the department the route to be used inside the territory of the county or municipality.

(d) In this subsection, "consumer," "manufacturer," and "retailer" have the meanings assigned by Chapter 1201, Occupations Code. If the application is for a permit to transport a manufactured house from a location other than the location of the manufacturer or from the location of the retailer of the manufactured house pursuant to the original sale, exchange, or lease-purchase of the manufactured house to a consumer, the application for a permit must be accompanied by a written statement from the chief appraiser of the appraisal district established for the county in which the manufactured house is located that states that no unpaid ad valorem taxes have been reported on the manufactured house due any taxing unit for which the appraisal district appraises property. If the manufactured house is not listed on the most recent appraisal roll of the appraisal district established for the county in which the manufactured house is located, the application for the permit must be accompanied by:

(1) evidence showing that the manufactured house was moved into the county after January 1 of the current year; or

(2) a certificate from the appraisal district established for the county in which the manufactured house is located that states that the owner of the manufactured house or another person has provided that appraisal district with information sufficient to list the manufactured house in the supplemental appraisal records of that appraisal district.

(e) Each quarter the department shall send a copy of each permit for the transportation of a manufactured house that begins or ends in this state, or provide the essential information in the permit, to the chief appraiser of the appraisal district in each county in which the transportation begins or ends.

(f) If an application for a permit to move a manufactured house is accompanied by a copy of a writ of possession issued by a court of competent jurisdiction, the applicant is not required to submit the written statement from the chief appraiser set forth in Subsection (d).

Added by 1995 Tex. Laws, ch. 165, Sec. 1; amended by 1997 Tex. Laws, ch. 165, Sec. 30.142(a), and by ch. 791, Sec. 19; amended by 1999 Tex. Laws, ch. 62, Sec. 19.01(107); amended by 2001 Tex. Laws, ch. 988, Sec. 4; amended by SB 279, 78th Tex. Leg., 2003, effective September 1, 2003.

Cross References:

Written statement of no unpaid taxes, see Sec. 32.03, Tax Code.

Sec. 623.104. Civil and Criminal Penalties.

(a) A person commits an offense if the person violates this subchapter. An offense under this subsection is a Class C misdemeanor, except as provided by Subsection (d).

(b) A person convicted of an offense under Subsection (a) may also be assessed a civil penalty of not less than $200 or more than $500 for failure to:

(1) obtain a permit;

(2) have a required rotating amber beacon on themanufactured house or towing vehicle;

(3) provide a required escort flag vehicle; or

(4) have the required insurance.

(c) The civil penalty:

(1) may be awarded by a court having jurisdiction over a Class C misdemeanor; and

(2) shall be paid to the county in which the person was convicted.

(d) Except as provided by Subsection (e), if the offense involves the movement of a manufactured house over a highway, road, or street in this state without a permit issued by the department, the offense is a misdemeanor punishable by a fine of $1,000.

(e) If it is shown on the trial of an offense punishable under Subsection (d) that the defendant has previously been punished under Subsection (d):

(1) one time, the offense is punishable by a fine of $2,000; or

(2) two or more times, the offense is punishable by a fine of $4,000.

Added by 1995 Tex Laws, ch. 165, Sec. 1; amended by 2001 Tex. Laws, ch. 988, Sec. 5; amended by SB 521, 78th Tex. Leg., 2003, effective June 18, 2003.