By Alexander H.B. No. 1898
A BILL TO BE ENTITLED
1-1 AN ACT
1-2 relating to the relocation of utilities by the Texas Department of
1-3 Transportation essential to the timely completion of a state
1-4 highway improvement project.
1-5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-6 SECTION 1. Sections 203.092(a) and (b), Transportation Code,
1-7 are amended to read as follows:
1-8 (a) A utility shall make a relocation of a utility facility
1-9 at the expense of this state if:
1-10 (1) relocation of the utility facility is required by
1-11 improvement of a highway in this state established by appropriate
1-12 authority as part of the National System of Interstate and Defense
1-13 Highways[;] and
1-14 [(2)] the relocation is eligible for federal
1-15 participation; or
1-16 (2) relocation of the utility facility is required by
1-17 improvement of any segment of the state highway system and the
1-18 utility has a compensable property interest in the land occupied by
1-19 the facility to be relocated.
1-20 (b) By agreement with the utility the department may
1-21 relocate the utility facility in accordance with this section
1-22 [subchapter].
1-23 SECTION 2. Subchapter E, Chapter 203, Transportation Code,
1-24 is amended by adding Section 203.0921 to read as follows:
2-1 Sec. 203.0921. DEPARTMENT RELOCATION OF UTILITY FACILITIES
2-2 FOR ESSENTIAL HIGHWAY IMPROVEMENT. (a) At the discretion of the
2-3 department, the department may cause a utility to relocate a
2-4 utility facility, or make a relocation of a utility facility, not
2-5 eligible for reimbursement under Section 203.092 at the expense of
2-6 the state upon a finding of the commission that:
2-7 (1) relocation of the utility facility is essential to
2-8 the timely completion of a state highway improvement project;
2-9 (2) continuous service to utility customers is
2-10 essential to the public well-being or the local economy;
2-11 (3) a short-term financial condition would prevent a
2-12 utility from being able to pay the cost of relocation in full or in
2-13 part at the time of relocation or, if paid at that time, would
2-14 adversely affect the utility's ability to operate or provide
2-15 essential services to its customers; and
2-16 (4) the affected utility has been contacted by the
2-17 department and such utility and the department have reached an
2-18 agreement that:
2-19 (A) appropriate safeguards are in place to
2-20 ensure that relocation work activities are conducted safely in full
2-21 compliance with applicable law and utility construction standards;
2-22 (B) relocation work can be coordinated between
2-23 the department and the utility in a manner that will ensure that
2-24 any disruption of utility service is minimized;
2-25 (C) the contractor, and any subcontractors,
2-26 selected for relocation work activities are qualified to perform
2-27 such work activities; and
3-1 (D) there exists a factual basis for the
3-2 commission findings required under Subdivision (3).
3-3 (b) A utility whose facilities are relocated under
3-4 Subsection (a) shall reimburse the department for any amount
3-5 expended or advanced by the department for the relocation. The
3-6 utility shall enter into an agreement with the department providing
3-7 for reimbursement. The agreement shall:
3-8 (1) require reimbursement of the amount expended plus
3-9 interest to the department within five years from the date of
3-10 completion of the work;
3-11 (2) provide for reimbursement by a lump-sum payment or
3-12 by installments;
3-13 (3) require payment of interest at a rate of six
3-14 percent per annum from the date of completion through the date of
3-15 final payment; and
3-16 (4) contain other terms and conditions as may be
3-17 mutually agreed upon by the department and the utility.
3-18 (c) In the absence of an agreement required by Subsection
3-19 (b), a utility shall reimburse the department the full cost of
3-20 relocation within 30 days of the date of completion of the work.
3-21 (d) All funds received by the department under this section
3-22 shall be deposited in the state treasury to the credit of the state
3-23 highway fund.
3-24 SECTION 3. Section 203.093(a), Transportation Code, is
3-25 amended to read as follows:
3-26 (a) Reimbursement of the cost of relocation of the utility
3-27 facility, as required by Section 203.092, may [shall] be made from
4-1 the state highway fund to the utility owning the facility.
4-2 SECTION 4. Subchapter E, Chapter 203, Transportation Code,
4-3 is amended by adding Section 203.0941 to read as follows:
4-4 Sec. 203.0941. UTILITY RELOCATION ELIGIBLE FOR FINANCIAL
4-5 ASSISTANCE FROM WATER DEVELOPMENT BOARD. (a) The relocation of a
4-6 utility facility required by improvement of any segment of the
4-7 state highway system, for which a political subdivision receives
4-8 financial assistance made available from either Subchapter D, F, G,
4-9 or K, Chapter 17, Water Code, is not subject to the requirements of
4-10 Sections 17.183(1)-(6), Water Code, if the political subdivision
4-11 has agreed to allow the department to contract for the construction
4-12 of the utility facility relocation.
4-13 (b) The department and the Texas Water Development Board may
4-14 enter into a memorandum of understanding to facilitate
4-15 administration of utility facility relocation that is required by
4-16 state highway system improvement and that receives financial
4-17 assistance from the Texas Water Development Board.
4-18 SECTION 5. The importance of this legislation and the
4-19 crowded condition of the calendars in both houses create an
4-20 emergency and an imperative public necessity that the
4-21 constitutional rule requiring bills to be read on three several
4-22 days in each house be suspended, and this rule is hereby suspended,
4-23 and that this Act take effect and be in force from and after its
4-24 passage, and it is so enacted.