Bill not drafted by TLC or Senate E&E.
Line and page numbers may not match official copy.
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. Section 203.092, Transportation Code, is amended
1-7 to read as follows:
1-8 Sec. 203.092. Reimbursement for Relocation of Utility
1-9 Facilities. (a) A utility shall make a relocation of a utility
1-10 facility at the expense of this state if:
1-11 (1) relocation of the utility facility is required by
1-12 improvement of a highway in this state established by appropriate
1-13 authority as part of the National System of Interstate and Defense
1-14 Highways[;] and
1-15 [(2)] the relocation is eligible for federal
1-16 participation; or
1-17 (2) relocation of the utility is required by
1-18 improvement of any segment of the state highway system and the
1-19 utility has a compensable property interest in the land occupied by
1-20 the relocated facilities.
1-21 (b) By agreement with the utility the department may
1-22 relocate the utility facility in accordance with this section
1-23 [subchapter].
1-24 (c) Subsection (a) includes a relocation for an extension of
2-1 a highway in an urban area.
2-2 [(d) The cost of relocation includes the entire amount paid
2-3 by the utility properly attributable to the relocation less:]
2-4 [(1) any increase in the value of the new facility;]
2-5 [(2) the salvage value derived from the old facility;
2-6 and]
2-7 [(3) any other deduction established by regulations
2-8 for federal cost participation.]
2-9 SECTION 2. Subchapter E, Chapter 203, Transportation Code,
2-10 is amended by adding Section 203.0921 to read as follows:
2-11 Sec. 203.0921. DEPARTMENT RELOCATION OF UTILITY FACILITIES
2-12 FOR ESSENTIAL HIGHWAY IMPROVEMENT. (a) The department may make a
2-13 relocation of a utility facility not eligible for reimbursement
2-14 under Section 203.092 at the expense of the state upon a finding of
2-15 the commission that:
2-16 (1) relocation of the utility is essential to the
2-17 timely completion of a state highway improvement project;
2-18 (2) continuous service to utility customers is
2-19 essential to the public well-being or the local economy; and
2-20 (3) short-term financial condition would prevent a
2-21 utility from being able to pay the cost of relocation in full or in
2-22 part at the time of relocation, or if paid at that time would
2-23 adversely affect the utility's ability to operate or provide
2-24 essential services to its customers.
2-25 (b) A utility whose facilities are relocated under
2-26 Subsection (a) shall reimburse the department the cost of the
2-27 relocation. The utility shall enter into an agreement with the
2-28 department providing for reimbursement. The agreement shall:
2-29 (1) require reimbursement of the amount expended plus
2-30 interest to the department within five years from the date of
3-1 completion of the work;
3-2 (2) provide for reimbursement by a lump sum payment or
3-3 by installments;
3-4 (3) require payment of interest at a rate of 6 per
3-5 cent per annum from the date of completion through the date of
3-6 final payment; and
3-7 (4) contain other terms and conditions as may be
3-8 mutually agreed upon by the department and the utility.
3-9 (c) In the absence of an agreement required by Subsection
3-10 (b), a utility shall reimburse the department the full cost of
3-11 relocation within 30 days of the date of completion of the work.
3-12 SECTION 3. Section 203.093(a), Transportation Code, is
3-13 amended to read as follows:
3-14 (a) Reimbursement of the cost of relocation of the utility
3-15 facility, as required by Section 203.092, may [shall] be made from
3-16 the state highway fund to the utility owning the facility.
3-17 SECTION 4. Subchapter E, Chapter 203, Transportation Code,
3-18 is amended by adding Section 203.0931 to read as follows:
3-19 Sec. 203.0931. COST OF RELOCATION. The cost of relocation
3-20 includes the entire amount paid, whether paid by the state or paid
3-21 by the utility, properly attributable to the relocation less:
3-22 (1) any increase in the value of the new facility;
3-23 (2) the salvage value derived from the old facility;
3-24 and
3-25 (3) any other deduction established by regulations for
3-26 federal cost participation.
3-27 SECTION 5. The importance of this legislation and the
3-28 crowded condition of the calendars in both houses create an
3-29 emergency and an imperative public necessity that the
3-30 constitutional rule requiring bills to be read on three several
4-1 days in each house be suspended, and this rule is hereby suspended,
4-2 and that this Act take effect and be in force from and after its
4-3 passage, and it is so enacted.