1-1 By: Alexander (Senate Sponsor - Fraser) H.B. No. 1898
1-2 (In the Senate - Received from the House May 5, 1997;
1-3 May 6, 1997, read first time and referred to Committee on
1-4 International Relations, Trade, and Technology; May 15, 1997,
1-5 reported favorably by the following vote: Yeas 5, Nays 0;
1-6 May 15, 1997, sent to printer.)
1-7 A BILL TO BE ENTITLED
1-8 AN ACT
1-9 relating to the relocation of utilities by the Texas Department of
1-10 Transportation essential to the timely completion of a state
1-11 highway improvement project.
1-12 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1-13 SECTION 1. Sections 203.092(a) and (b), Transportation Code,
1-14 are amended to read as follows:
1-15 (a) A utility shall make a relocation of a utility facility
1-16 at the expense of this state if:
1-17 (1) relocation of the utility facility is required by
1-18 improvement of a highway in this state established by appropriate
1-19 authority as part of the National System of Interstate and Defense
1-20 Highways[;] and
1-21 [(2)] the relocation is eligible for federal
1-22 participation; or
1-23 (2) relocation of the utility facility is required by
1-24 improvement of any segment of the state highway system and the
1-25 utility has a compensable property interest in the land occupied by
1-26 the facility to be relocated.
1-27 (b) By agreement with the utility the department may
1-28 relocate the utility facility in accordance with this section
1-29 [subchapter].
1-30 SECTION 2. Subchapter E, Chapter 203, Transportation Code,
1-31 is amended by adding Section 203.0921 to read as follows:
1-32 Sec. 203.0921. DEPARTMENT RELOCATION OF UTILITY FACILITIES
1-33 FOR ESSENTIAL HIGHWAY IMPROVEMENT. (a) At the discretion of the
1-34 department, the department may cause a utility to relocate a
1-35 utility facility, or make a relocation of a utility facility, not
1-36 eligible for reimbursement under Section 203.092 at the expense of
1-37 the state upon a finding of the commission that:
1-38 (1) relocation of the utility facility is essential to
1-39 the timely completion of a state highway improvement project;
1-40 (2) continuous service to utility customers is
1-41 essential to the public well-being or the local economy;
1-42 (3) a short-term financial condition would prevent a
1-43 utility from being able to pay the cost of relocation in full or in
1-44 part at the time of relocation or, if paid at that time, would
1-45 adversely affect the utility's ability to operate or provide
1-46 essential services to its customers; and
1-47 (4) the affected utility has been contacted by the
1-48 department and such utility and the department have reached an
1-49 agreement that:
1-50 (A) appropriate safeguards are in place to
1-51 ensure that relocation work activities are conducted safely in full
1-52 compliance with applicable law and utility construction standards;
1-53 (B) relocation work can be coordinated between
1-54 the department and the utility in a manner that will ensure that
1-55 any disruption of utility service is minimized;
1-56 (C) the contractor, and any subcontractors,
1-57 selected for relocation work activities are qualified to perform
1-58 such work activities; and
1-59 (D) there exists a factual basis for the
1-60 commission findings required under Subdivision (3).
1-61 (b) A utility whose facilities are relocated under
1-62 Subsection (a) shall reimburse the department for any amount
1-63 expended or advanced by the department for the relocation. The
1-64 utility shall enter into an agreement with the department providing
2-1 for reimbursement. The agreement shall:
2-2 (1) require reimbursement of the amount expended plus
2-3 interest to the department within five years from the date of
2-4 completion of the work;
2-5 (2) provide for reimbursement by a lump-sum payment or
2-6 by installments;
2-7 (3) require payment of interest at a rate of six
2-8 percent per annum from the date of completion through the date of
2-9 final payment; and
2-10 (4) contain other terms and conditions as may be
2-11 mutually agreed upon by the department and the utility.
2-12 (c) In the absence of an agreement required by Subsection
2-13 (b), a utility shall reimburse the department the full cost of
2-14 relocation within 30 days of the date of completion of the work.
2-15 (d) All funds received by the department under this section
2-16 shall be deposited in the state treasury to the credit of the state
2-17 highway fund.
2-18 SECTION 3. Section 203.093(a), Transportation Code, is
2-19 amended to read as follows:
2-20 (a) Reimbursement of the cost of relocation of the utility
2-21 facility, as required by Section 203.092, may [shall] be made from
2-22 the state highway fund to the utility owning the facility.
2-23 SECTION 4. Subchapter E, Chapter 203, Transportation Code,
2-24 is amended by adding Section 203.0941 to read as follows:
2-25 Sec. 203.0941. UTILITY RELOCATION ELIGIBLE FOR FINANCIAL
2-26 ASSISTANCE FROM WATER DEVELOPMENT BOARD. (a) The relocation of a
2-27 utility facility required by improvement of any segment of the
2-28 state highway system, for which a political subdivision receives
2-29 financial assistance made available from either Subchapter D, F, G,
2-30 or K, Chapter 17, Water Code, is not subject to the requirements of
2-31 Sections 17.183(1)-(6), Water Code, if the political subdivision
2-32 has agreed to allow the department to contract for the construction
2-33 of the utility facility relocation.
2-34 (b) The department and the Texas Water Development Board may
2-35 enter into a memorandum of understanding to facilitate
2-36 administration of utility facility relocation that is required by
2-37 state highway system improvement and that receives financial
2-38 assistance from the Texas Water Development Board.
2-39 SECTION 5. The importance of this legislation and the
2-40 crowded condition of the calendars in both houses create an
2-41 emergency and an imperative public necessity that the
2-42 constitutional rule requiring bills to be read on three several
2-43 days in each house be suspended, and this rule is hereby suspended,
2-44 and that this Act take effect and be in force from and after its
2-45 passage, and it is so enacted.
2-46 * * * * *