79R5174 DRH-F

By:  Chisum                                                       H.B. No. 1610



A BILL TO BE ENTITLED

AN ACT

relating to allowing a county to impose a fee for activity that 
cuts, damages, or otherwise disturbs the surface of a county road.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Chapter 251, Transportation Code, is amended by 
adding Subchapter Z to read as follows:

SUBCHAPTER Z.  MISCELLANEOUS PROVISIONS
	Sec. 251.901.  (a)  In this section, a cut of a county road 
includes any action that excavates, damages, or otherwise disturbs 
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 that cuts 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 not be imposed on a particular person or entity 
more than one time;
		(3)  may be imposed either before or after the cutting 
of the road; and
		(4)  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 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.
	SECTION 2.  Section 251.901, Transportation Code, 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.