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.