The Laws of Texas, 1929-1931 [Volume 27] Page: 220 of 1,943
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208 GENERAL LAWS.
affected by such proposed road, and stating the facts which
show a necessity for such road.
2. Upon the filing of such application the clerk shall issue
a notice reciting the substance thereof directed to the sheriff
or any constable of the county, commanding him to summon
such land owners, naming them, to appear at the next regular
term of the commissioners' court and show cause why said
lines should not be declared public highways. Said notice shall
be served in the manner and for the length of time provided for
the service of citations in civil actions in justice courts, and
shall be returned in like manner as such citation.
3. At a regular term of the court, after due service of such
notice, if the commissioners' court deems said road of sufficient
public importance, it may issue an order declaring the
lines designated in the application, or the lines fixed by the commissioners'
court, to be public highways, and direct the same
to be opened by the owners thereof and left open for a space of
fifteen feet on each side of said line, but the marked trees and
other objects used to designate said lines, and the corners of
surveys, shall not be removed nor defaced. Notice of such order
shall be immediately served upon such owners, and return made
thereon, as before provided.
4. The damages to such land owners shall be assessed by a
jury of freeholders, as for other public roads, and all costs attending
the proceedings in opening neighborhood roads, if the
application is granted shall be paid by the county.
5. The commissioners' court shall not be required to keep
any such road worked by the road hands as in the case of other
public roads.
SEC. 2. The fact that under the present laws no adequate
provision is made for neighborhood roads creates an emergency
and an imperative public necessity that the constitutional rule
requiring bills to be read on three several days in each House
be and the same is hereby suspended, and that this Act shall
take effect and be in force from and after its passage, and it is
so enacted.
Effective 90 days after adjournment.
[NoTE.--S. B. No. 29 passed the Senate by a vote of 24 yeas,
0 nays; passed the House with amendments by a viva voce vote;
Senate concurred in House .amendments by a viva voce vote.
Was received in the Executice Office March 20, 1930, and in the
Department of State March 21, 1930, without the Governor's
signature.]
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Gammel, Hans Peter Mareus Neilsen. The Laws of Texas, 1929-1931 [Volume 27], book, 1931; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth16362/m1/220/: accessed May 6, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; .