HB 1722
AN ACT relating to an owner's or lessee's access to private property
89th Regular Session
Jan 14, 2025 - Jun 2, 2025 • Session ended
Awaiting Committee Assignment
Bill filed, pending referral to House committee
Committee
Not yet assigned
Fiscal Note
Not available
What This Bill Does
Ensures property owners and lessees can access private land located within a Texas Department of Transportation highway right-of-way, specifically for properties that existed before the department took control of the area and can only be reached through that right-of-way. The Texas Department of Transportation is prohibited from blocking access to such properties, though they retain the right to potentially acquire the property through purchase or legal means. The bill goes into effect on September 1, 2025, providing clarity and protection for landowners with potentially isolated or hard-to-reach private property.
Bill Text
relating to an owner's or lessee's access to private property located within a Texas Department of Transportation highway BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter F, Chapter 203, Transportation Code, is amended by adding Section 203.113 to read as follows: Sec. 203.113. OWNER OR LESSEE ACCESS TO PRIVATE PROPERTY IN HIGHWAY RIGHT-OF-WAY. (a) Notwithstanding any other law, the department may not prohibit or otherwise restrict a person from accessing private property the person owns or leases that: (1) is located within a highway right-of-way the (2) can only be accessed through the right-of-way; and (3) was constructed before the department assumed authority over the right-of-way. (b) This section does not prohibit the department or the commission from acquiring a person's interest in private property described by Subsection (a) through purchase, condemnation, or other means as authorized by Subchapter D or other law. SECTION 2. This Act takes effect September 1, 2025.
Bill Sponsors
Legislators who authored or co-sponsored this bill.
Bill History
Bill filed: AN ACT relating to an owner's or lessee's access to private property
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