79R13058 DRH-D


By:  Chisum                                                       H.B. No. 1610

Substitute the following for H.B. No. 1610:                                   

By:  Laney                                                    C.S.H.B. No. 1610



A BILL TO BE ENTITLED

AN ACT

relating to a county fee and certain maps regarding an activity that 
excavates or cuts the surface of a county road.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Subchapter Z, Chapter 240, Local Government 
Code, is amended by adding Section 240.907 to read as follows:
	Sec. 240.907.  FEE FOR CUTTING COUNTY ROAD; MAP OF PIPELINE 
REQUIRED.  (a)  In this section, a cut of a county road means the act 
of excavating or cutting the surface of a county road.
	(b)  To provide funds for the future inspection, repair, and 
maintenance of a cut road, a county may impose a fee on a person or 
other entity for each cut of a county road during or as an incident 
to the installation, maintenance, or repair of any facilities or 
properties of the person or entity.
	(c)  The fee authorized by this section:                                
		(1)  may not exceed $500;                                              
		(2)  may be imposed either before or after the cutting 
of the road; and
		(3)  is in addition to any other charge the county is 
authorized to impose to repair damage to the road because of the 
cut.
	(d)  This section does not apply in relation to a person or 
other entity that:
		(1)  has entered into an agreement with the county that 
provides for fees to be paid by the person or entity for the use of 
the county roads; or
		(2)  is a utility that is not required under Chapter 
181, Utilities Code, to provide notice to a commissioners court of a 
county.
	(e)  To minimize the costs associated with inspection, 
repair, and maintenance of a cut of a county road, the owner or 
operator of a natural or casinghead gas pipeline shall prepare a map 
that clearly identifies all connections in the county to existing 
wells from which natural or casinghead gas is gathered or 
transported and the delivery points in the county for all gas 
pipeline facilities.  The map must be filed with the county clerk of 
the county and be in a format specified by the county clerk to 
minimize the costs associated with handling, storing, and using the 
maps.
	SECTION 2.  A fee imposed under Section 240.907, Local 
Government Code, as added by this Act, applies only to a cutting of 
a county road that occurs on or after the effective date of this 
Act.
	SECTION 3.  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.