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.