Amend CSHB 2702 (Senate committee printing) as follows:
(1) In Article 2 of the bill, strike SECTION 2.11 (page 10,
lines 42-58) and substitute the following:
SECTION 2.11. Section 203.092, Transportation Code, is
amended by amending Subsection (a) and adding Subsection (e) to
read as follows:
(a) A utility shall make a relocation of a utility facility
at the expense of this state if[:
[(1)] relocation of the utility facility is required
by:
(1) improvement of a highway in this state established
by appropriate authority as part of the National System of
Interstate and Defense Highways and the relocation is eligible for
federal participation; [or]
(2) [relocation of the utility facility is required
by] improvement of any segment of the state highway system and the
utility has a compensable property interest in the land occupied by
the facility to be relocated; or
(3) any improvement, extension, or expansion of the
state highway system that has been designated as or is converted to
a toll project, rail facility, turnpike project, or system, as
those terms are defined in any title of this code, without regard to
the timing of the conversion.
(e) To the extent a utility is not reimbursed before the
relocation, removal, or adjustment of a utility facility on,
across, or along a toll project, rail facility, turnpike project,
or system as provided by Subsection (a)(3), any entity to which the
project, facility, or system is to be transferred shall reimburse
the utility.
(2) In SECTION 2.33 of the bill, in transferred and amended
Subsection (a), Section 361.004, Transportation Code (page 26, line
53), between "interests" and the semicolon, insert ", including the
cost for reimbursement to a utility for the relocation, removal, or
adjustment of a utility facility to accommodate a toll project".
(3) In SECTION 2.35 of the bill, immediately following
transferred and amended Subsection (b), Section 361.282,
Transportation Code (page 31, between lines 59 and 60), insert the
following:
(c) To the extent a utility is not reimbursed before the
relocation, removal, or adjustment of a utility facility on,
across, or along a toll project or system, the governmental entity
to which the toll project or system is transferred shall reimburse
the utility.
(4) In SECTION 2.37 of the bill, at the end of transferred
and amended Section 362.0041, Transportation Code (page 33, line
11), add the following:
To the extent a utility is not reimbursed before the relocation,
removal, or adjustment of a utility facility on, across, or along a
nontolled state highway, the commission shall provide for
reimbursement of those costs to the utility. Methods of
reimbursement may include:
(1) a single fixed payment;
(2) an intangible legal right to receive a percentage
of identified revenue attributable to the applicable segment of the
toll project; or
(3) any other method identified by the commission.