SB2589

Regular Session

Relating to procedures for a commissioners court to close, abandon, or vacate certain county roads.

ModeratePlan for compliance

Low Cost

Effective:2025-09-01

Enforcing Agencies

County Commissioners Courts • County Clerks (Deed Records)

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

Effective Date: September 1, 2025
Compliance Deadline: September 1, 2025 (Applies to any Order signed on or after this date).
Agency Rulemaking: No state agency rulemaking is required. However, County Attorneys and Civil Divisions will be creating new drafting templates between May and August 2025.

Immediate Action Plan

Update SOPs: Revise right-of-way monitoring protocols to flag all County Commissioners Court agendas for road vacations/closures.
Distribute Model Language: Provide County Judges and County Attorneys with your preferred "Easement Preservation" language immediately to ensure it becomes the standard in their new Order templates.
Verify Indexing: Post-September 1, ensure that any Order affecting your assets is filed in the *Deed Records*, not just the Commissioners Court Minutes.
Audit Pending Closures: Identify any road closures currently in negotiation; ensure they are either finalized before September 1 or redrafted to meet the new statutory requirements.

Operational Changes Required

Contracts

Purchase and Sale Agreements for land abutting former county roads must be updated. Due diligence requires reviewing the Commissioners Court Order rather than looking for a separate deed. Ensure standard easement agreements reference the statutory protections in Section 251.058(b)(4).

Hiring/Training

Landmen and title officers must be trained to search County Clerk Deed Records using the County as "Grantor" and the abutting landowner as "Grantee." Staff responsible for monitoring local government agendas must be trained to intervene *prior* to a vote to ensure the draft Order includes the mandatory utility preservation clause.

Reporting & Record-Keeping

The Order serves as the deed. To be valid, it must contain:

1. The specific name of the abutting property owner (Grantee).
2. The legal description of the property.
3. Crucially: A statement that conveyance is subject to the continued right of utilities/common carriers to use the infrastructure.

Ensure a certified copy of this Order is retained in your permanent property records.

Fees & Costs

There are no new statutory fees. However, failure to monitor these Orders may result in significant legal costs to defend existing easements against landowners who believe they hold unencumbered fee simple title.

Strategic Ambiguities & Considerations

The "Border County" Exception (Webb County/Laredo Area):

The statute allows counties on the international border (specifically targeting Webb County) to *refuse* conveyance to abutting owners if the road creates a "public nuisance or safety hazard." These terms are undefined. Developers in the Laredo area must anticipate that road closures may not result in automatic acreage accretion, as the County retains broad discretion to hold the land or transfer it to a municipality.

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Legislative Timeline

This bill's path through the Texas Legislature

TopicsCounty Government County Government--roads Highways Border

Official Analysis

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BILL ANALYSIS

Senate Research Center	S.B. 2589
89R13910 GP-F	By: Zaffirini
	Transportation
	4/16/2025
	As Filed

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

When a county road is closed, abandoned, or vacated by a county commissioners court, county judges must convey the land on which the county road had been to landowners whose property line abuts the road. This can create issues, however, if landowners do not want the land, or if they refuse to maintain it.

Accordingly, S.B. 2589 would authorize county commissioners courts to petition municipalities to annex the property on which a closed county road existed if they believe the conveyance would create a public nuisance or safety hazard. If the municipality agrees to the petition, the county commissioners court would be authorized to use the land for a non-motorized public purpose, such as a park or hiking trail, or to annex the road.

This bill would apply only to county roads located wholly or partially in unincorporated space and abutting to single family residential lots that are located wholly in the corporate limits of a municipality.

S.B. 2589 would give county commissioners courts the ability to transfer unwanted land in an orderly manner, improving public use of these spaces, while ensuring these areas do not endanger public safety.

As proposed, S.B. 2589 amends current law relating to procedures for a commissioners court to close, abandon, or vacate certain county roads.

RULEMAKING AUTHORITY

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

SECTION BY SECTION ANALYSIS

SECTION 1. Amends Section 251.058, Transportation Code, by amending Subsection (b) and adding Subsections (b-2) and (b-3), as follows:

(b) Creates an exception under Subsection (b-3).

(b-2) Provides that Subsection (b-3) applies only to a county road that is located wholly or partially outside the corporate limits of a municipality and abuts single family residential lots in a planned residential subdivision that is located wholly in the corporate limits of a municipality.

(b-3) Provides that, notwithstanding Subsection (b) (relating to providing that title to a public road or portion of a public road that meets certain criteria 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), 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), is authorized to petition the municipality to annex the county road or 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. Effective date: September 1, 2025.

Senate Authors

Sen. Judith ZaffiriniDemocrat · Primary Author

House Sponsor

Rep. Don McLaughlinRepublican · Primary Sponsor

Bill Text(with markup)

S.B. No. 2589

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

	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.

LEGISLATIVE BUDGET BOARD
Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION


April 17, 2025

TO:	Honorable Robert Nichols, Chair, Senate Committee on Transportation

FROM:	Jerry McGinty, Director, Legislative Budget Board

IN RE:	SB2589 by Zaffirini (Relating to procedures for a commissioners court to close, abandon, or vacate certain county roads.), As Introduced

No fiscal implication to the State is anticipated.

Local Government Impact

No significant fiscal implication to units of local government is anticipated.

Source Agencies:

LBB Staff:

JMc, AAL, BC, CWi

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Frequently Asked Questions

Common questions about SB2589

What does Texas SB2589 do?

SB2589 fundamentally alters the legal mechanism for county road abandonments, making the County Judge’s signed Order the official instrument of conveyance and eliminating the need for a separate deed. Utilities and common carriers are the most affected: you must now verify that easement preservation language is explicitly included in the Order before it is signed, as the Order immediately transfers title to abutting landowners. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (Applies to any Order signed on or after this date).

Who authored SB2589?

SB2589 was authored by Texas Senator Judith Zaffirini during the Regular Session.

When was SB2589 signed into law?

SB2589 was signed into law by Governor Greg Abbott on June 20, 2025.

Which agencies enforce SB2589?

SB2589 is enforced by County Commissioners Courts and County Clerks (Deed Records).

How urgent is compliance with SB2589?

The compliance urgency for SB2589 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

What is the cost impact of SB2589?

The cost impact of SB2589 is estimated as "low". This may vary based on industry and implementation requirements.

What topics does SB2589 address?

SB2589 addresses topics including county government, county government--roads, highways and border.

Legislative data provided by LegiScanLast updated: November 25, 2025

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