Tex. Transportation Code § 251.058 — TX Code / Code tn / Chapter 251 / Section 251.058
§ 251.058. CLOSING, ABANDONING, AND VACATING PUBLIC ROAD.
Status: in_force

(a) A property owner may not enjoin the entry or enforcement of an order of a commissioners court, acting at the request of any person or on its own initiative, to close, abandon, and vacate a public road or portion of a public road unless the property owner is entitled to an injunction because:

(1) the person owns property that abuts the portion of the road being closed, abandoned, and vacated; or

(2) the portion of the road being closed, abandoned, and vacated provides the only ingress to or egress from the person's property.

(b) Except as provided by Subsection (b-3), 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-1) Not later than the 30th day before the date an order is signed under Subsection (b), the commissioners court shall notify a public utility or common carrier described by Subsection (b)(4) of the proposal to close, abandon, and vacate the public road or portion of the public road.

(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.

(c) This section does not deprive a person whose property abuts the road at a point other than the portion of the road being closed, abandoned, and vacated of a right to seek compensation for damages caused by:

(1) any depreciation in the value of the property; or

(2) any impairment to the property owner's right of ingress to or egress from the property.

(d) If a commissioners court closes, abandons, and vacates a public road or a portion of a public road at the request of an owner of property that abuts the portion of the road being closed, abandoned, and vacated, the commissioners court may require the owner to:

(1) pay all reasonable administrative costs incurred for processing the request and recording the order described by Subsection (b) in the county deed records; and

(2) reimburse the county for the market value of any property interest conveyed to the owner.

(e) A county by order of the commissioners court may adopt standard fees required to be paid under Subsection (d)(1) for processing a request and recording an order.

(f) For purposes of Subsection (b), "utility infrastructure" includes any facility owned by:

(1) an electric utility, as defined by Section 31.002, Utilities Code;

(2) a gas utility, as defined by Section 101.003 or 121.001, Utilities Code;

(3) a telecommunications provider, as defined by Section 51.002, Utilities Code; or

(4) a video service provider, as defined by Section 66.002, Utilities Code.