By Howard                                             H.B. No. 3541
         Line and page numbers may not match official copy.
         Bill not drafted by TLC or Senate E&E.
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to the repair of damage to facilities of water districts
 1-3     within public rights-of-way.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 49.220, Water Code, is amended to read as
 1-6     follows:
 1-7           (a)  All districts or water supply corporations are given
 1-8     rights-of-way within, along, under, and across all public, state,
 1-9     county, city, town, or village roads, highways, and rights-of-way
1-10     and other public rights-of-way without the requirement for surety
1-11     bond or security; provided, however, that the entity having
1-12     jurisdiction over such roads, highways, and rights-of-way may
1-13     require indemnification.  A district or water supply corporation
1-14     shall not proceed with any action to change, alter, or damage a
1-15     portion of the state highway system without having first obtained
1-16     the written consent of the Texas Department of Transportation, and
1-17     the placement of any facility of a district or water supply
1-18     corporation within state highway right-of-way shall be subject to
1-19     department regulation.
1-20           (b)  If, in the process of installing, operating, repairing,
1-21     or maintaining lines or facilities or otherwise doing work in a
1-22     right-of-way described in subsection (a), a public utility, as
1-23     defined in Section 11.004, Utility Code, or a gas utility, as
 2-1     defined in Section 181.021, Utility Code, causes damage to the
 2-2     lines, facilities, or other property of a district or water supply
 2-3     corporation located in such right-of-way, then the public utility
 2-4     or gas utility is responsible for immediately restoring, to the
 2-5     satisfaction of the district or water supply corporation, the
 2-6     damaged lines, facilities, or other property to the condition in
 2-7     which they existed immediately prior to the damage.  In order to
 2-8     protect the public health and safety, a district or water supply
 2-9     corporation may repair the damaged lines, facilities, or other
2-10     property and charge the public utility or gas utility responsible
2-11     for such damage.
2-12           SECTION 2.  EFFECTIVE DATE. This Act takes effect immediately
2-13     if it receives a vote of two-thirds of all the members elected to
2-14     each house, as provided by Section 39, Article III, Texas
2-15     Constitution.  If this Act does not receive the vote necessary for
2-16     immediate effect, this Act takes effect September 1, 2001.