By:  Chisum (Senate Sponsor - Brimer)                             H.B. No. 1610
	(In the Senate - Received from the House May 10, 2005; 
May 12, 2005, read first time and referred to Committee on 
Intergovernmental Relations; May 20, 2005, reported favorably, as 
amended, by the following vote:  Yeas 5, Nays 0; May 20, 2005, sent 
to printer.)


COMMITTEE AMENDMENT NO. 1                                                By:  Brimer


Amend H. B. 1610 by adding after line 26 on page 1 the following:           
	(b)  Pipelines that cross roads to service oil or gas wells 
must be buried and maintained as designated by a private road owner.

Re-letter remaining subsections.                                              


A BILL TO BE ENTITLED

AN ACT


relating to a county fee for 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.  (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.
	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.



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