79R2248 ATP-F

By:  King of Parker                                               H.B. No. 1227



A BILL TO BE ENTITLED

AN ACT

relating to authorizing a municipality to require the relocation of 
a utility facility located in a municipal right-of-way.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 282, Local Government Code, is amended 
by adding Section 282.004 to read as follows:
	Sec. 282.004.  RELOCATION OF UTILITY FACILITY LOCATED IN 
PUBLIC RIGHT-OF-WAY.  (a)  In this section:
		(1)  "Facility" means the plant and equipment of a 
utility, and includes the tangible and intangible property owned, 
operated, leased, licensed, used, controlled, or supplied for, by, 
or in connection with the utility's business.
		(2)  "Public right-of-way" means the area on, below, or 
above a public roadway, highway, street, public sidewalk, alley, 
waterway, or utility easement in which the municipality has an 
interest.
		(3)  "Utility" has the meaning assigned by Section 
203.091, Transportation Code.
	(b)  The governing body of a municipality may require a 
utility to relocate the utility's facility that is located in a 
public right-of-way at the utility's expense to accommodate the 
construction or improvement of a highway, road, street, public way, 
or any other public works project.
	(c)  A utility shall relocate its facility as required by the 
municipality if the municipality:
		(1)  gives the utility 30 days' written notice of the 
municipality's determination that the utility facility must be 
relocated;
		(2)  specifies the new location for the facility along 
the public right-of-way; and
		(3)  prescribes a reasonable time for relocating the 
facility.       
	(d)  The time for relocation prescribed by the municipality 
under Subsection (c)(3) may be extended by mutual agreement of the 
municipality and the utility.
	(e)  To the extent of a conflict between this section and 
Section 37.101, 54.203, or 181.047, Utilities Code, Section 13.247, 
Water Code, or another law, this section controls.
	SECTION 2.  This Act takes effect immediately if it receives 
a vote of two-thirds of all the members elected to each house, as 
provided by Section 39, Article III, Texas Constitution.  If this 
Act does not receive the vote necessary for immediate effect, this 
Act takes effect September 1, 2005.