HB 1722

Overall Vote Recommendation
Yes
Principle Criteria
positive
Free Enterprise
positive
Property Rights
positive
Personal Responsibility
positive
Limited Government
positive
Individual Liberty
Digest
HB 1722 seeks to ensure that property owners and lessees maintain access to their land when it lies adjacent to a highway right-of-way managed by the Texas Department of Transportation (TxDOT). Specifically, the bill proposes to add Section 203.113 to the Texas Transportation Code. Under this new section, TxDOT would be prohibited from restricting or denying access to a property if three conditions are met: the property is adjacent to a highway right-of-way, legal access to the property existed before TxDOT assumed authority over the right-of-way, and the property was acquired or constructed before TxDOT took over that authority.

The bill responds to concerns from property owners, especially in rural or developing areas, who have faced challenges maintaining traditional routes of access due to changes in highway jurisdiction or expansion projects. By codifying protections for these access points, the legislation aims to prevent scenarios where land becomes landlocked or inaccessible because of bureaucratic shifts in transportation oversight.

Importantly, HB 1722 does not curtail TxDOT’s ability to acquire property rights for legitimate public use. The bill explicitly preserves the agency's authority to obtain property interests through purchase, condemnation, or other legal processes under existing law. This ensures a balance between protecting private property rights and maintaining the state’s ability to manage infrastructure effectively.

In summary, HB 1722 reinforces long-standing principles of property access and ownership, limiting government overreach and ensuring that individuals are not deprived of essential access without due process or compensation. It promotes predictability for landowners and strengthens the legal framework protecting their use of and access to their own property.

The differences between the originally filed version of HB 1722 and the Committee Substitute reflect a notable broadening in the scope and intent of the legislation. The original bill was narrowly tailored, applying only to private property physically located within a highway right-of-way acquired by the Texas Department of Transportation (TxDOT). It protected access only if the property could only be accessed through the right-of-way, effectively limiting the bill’s protections to landlocked parcels entirely surrounded by TxDOT-controlled land. This narrow framework would have excluded many property owners whose land might be impacted by right-of-way development, but still had alternate access points.

In contrast, the Committee Substitute significantly expands the protections. It applies to any property adjacent to a highway right-of-way, as long as legal access existed before TxDOT assumed authority. This change eliminates the requirement that the property be landlocked and instead focuses on preserving historical access patterns, recognizing that even properties with multiple access points may be negatively affected if one is restricted. The new language supports a more property-owner-friendly approach, offering broader assurance that longstanding, legal points of entry won't be arbitrarily removed.

Additionally, the substitute version is clearer in its statutory construction, aligning better with existing transportation code formatting and terminology. It avoids potential ambiguity in the original by focusing on established concepts like adjacency and pre-existing access rights. These changes enhance the bill's applicability and enforceability, reflecting a legislative intent to affirm private property rights more comprehensively in the face of expanding state infrastructure projects. Overall, the substitute bill promotes greater protections for landowners while preserving the state’s eminent domain authority under existing law.
Author (1)
Carl Tepper
Fiscal Notes

According to the Legislative Budget Board (LBB), the fiscal implications of HB 1722 are minimal. The analysis concludes that there would be no significant fiscal impact on the State of Texas. This determination is based on the assumption that the Texas Department of Transportation (TxDOT) could implement the bill’s requirements using its existing resources, without the need for additional appropriations or new expenditures​.

In practice, this means that while TxDOT may need to adjust some of its internal review or access control procedures to comply with the new restrictions, the scope of those changes is not expected to require substantial new funding. This is likely because the bill does not mandate new infrastructure or personnel but rather modifies decision-making criteria regarding access to properties adjacent to state-controlled right-of-way areas.

Moreover, no fiscal impact is anticipated for local governments. This is consistent with the bill’s focus on limiting TxDOT’s authority over access rights, which is a state-level responsibility. Local road systems and jurisdictions are unaffected by the provisions in H.B. 1722, and thus no cost burden would shift to cities or counties.

In sum, while the bill potentially increases administrative considerations for TxDOT in reviewing or defending access rights, the overall financial burden is negligible. This low fiscal impact strengthens the bill’s feasibility from a budgetary standpoint, aligning well with principles of efficient governance.

Vote Recommendation Notes

HB 1722 is a property access rights bill that strengthens individual liberty and private property protections without expanding the role of government or imposing new fiscal or regulatory burdens. The legislation was introduced in response to growing concerns from property owners whose longstanding access to land or infrastructure, such as signage, utility connections, or farm equipment, has been restricted after the Texas Department of Transportation (TxDOT) assumed control over adjacent roadways. In some cases, these restrictions have led to expensive modifications or the forced removal of improvements. HB 1722 corrects this by prohibiting TxDOT from restricting access to property that (1) is adjacent to a highway right-of-way, (2) was legally accessible before TxDOT assumed authority, and (3) was acquired or developed prior to that assumption of control.

Importantly, the bill does not grow the size or scope of government. It does not create any new programs, agencies, or regulatory functions—instead, it limits the state's administrative authority in a way that protects property owners from arbitrary changes in access policy. The bill also ensures that TxDOT retains its legal authority to acquire property through established channels, such as purchase or condemnation, preserving necessary state powers while preventing overreach.

There is no increased burden on taxpayers, as confirmed by the Legislative Budget Board, which determined that any costs associated with implementing the bill could be absorbed within existing resources. Likewise, local governments would not face any fiscal impact, and the bill contains no mandates that would require spending or operational changes at the local level.

The bill also does not increase the regulatory burden on individuals or businesses. Rather, it reduces uncertainty for landowners by securing their right to maintain established access to property. No additional compliance obligations, fees, or restrictions are introduced, and no rulemaking authority is expanded.

In summary, HB 1722 advances the core liberty principles of individual liberty, private property rights, and limited government, while avoiding any expansion of regulatory authority or fiscal responsibility. It is a well-calibrated response to a real-world problem, and for these reasons, Texas Policy Research recommends that lawmakers vote YES on HB 1722.

  • Individual Liberty: Being able to freely access and use property you own or lease is a basic form of liberty. This bill ensures that individuals aren’t arbitrarily blocked from doing so just because a different agency starts managing a road. It protects people's ability to maintain their livelihoods—whether they’re running a farm, business, or simply trying to live on their land.
  • Personal Responsibility: This bill acknowledges and respects the choices made by property owners who have developed or maintained land under existing laws. It ensures they are not penalized for government changes they had no control over. The legislation empowers individuals by ensuring their past responsible decisions, like building infrastructure or installing utilities, are protected from sudden, bureaucratic interference.
  • Free Enterprise: Access restrictions can hurt business operations, especially rural, agricultural, or roadside enterprises. By safeguarding property access, this bill helps protect economic activity and the free flow of commerce. It prevents regulations that might force businesses to close, relocate, or spend thousands to comply with new access limitations.
  • Private Property Rights: This is where the bill shines. At its core, the bill protects property owners and lessees from having their access taken away simply because the state (TxDOT) assumes control over a nearby road. Access is a fundamental part of property ownership—if you can't reach your land, its value and use are undermined. By preserving long-established legal access, the bill reinforces the idea that the government shouldn't interfere with your ability to use land you've acquired and developed in good faith.
  • Limited Government: The bill limits TxDOT’s ability to impose new access restrictions without formal action, such as purchase or eminent domain. It draws a clear line: the government can still acquire land legally, but it cannot casually override longstanding access rights. This promotes a restrained, accountable role for government agencies, ensuring that bureaucratic rule changes don’t silently erode individual freedoms.
View Bill Text and Status