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79R5701 MTB-D

By:  Bonnen                                                       H.B. No. 1696



A BILL TO BE ENTITLED

AN ACT

relating to the relocation of utility facilities for state highway 
purposes.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 203.0921(b), Transportation Code, is 
amended to read as follows:
	(b)  A utility whose facilities are relocated under 
Subsection (a) may [shall] reimburse the department for any amount 
expended or advanced by the department for the relocation.  If the 
utility chooses to reimburse the department, the [The] utility 
shall enter into an agreement with the department providing for 
reimbursement.  The agreement shall:
		(1)  require reimbursement of the amount expended plus 
interest to the department within five years from the date of 
completion of the work;
		(2)  provide for reimbursement by a lump-sum payment or 
by installments;    
		(3)  require payment of interest at a rate of six 
percent per annum from the date of completion through the date of 
final payment;  and
		(4)  contain other terms and conditions as may be 
mutually agreed upon by the department and the utility.
	SECTION 2.  This Act takes effect September 1, 2005.