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A BILL TO BE ENTITLED
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AN ACT
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relating to relocating or adjusting certain utility facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 251.102, Transportation Code, is amended |
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to read as follows: |
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Sec. 251.102. COST OF RELOCATING OR ADJUSTING UTILITY |
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FACILITY. (a) In this section, "eligible utility facility" means: |
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(1) a utility facility the relocation or adjustment of |
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which is required by improvement of a highway in this state that is |
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established by appropriate authority as part of the National System |
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of Interstate and Defense Highways and the relocation or adjustment |
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is eligible for federal participation; or |
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(2) a utility facility: |
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(A) the relocation or adjustment of which is |
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required by the construction or improvement of a segment of a county |
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road; and |
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(B) that is located on land in which the utility |
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that owns the facility has a compensable property interest. |
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(b) A county shall include the cost of relocating or |
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adjusting an eligible utility facility in the expense of |
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right-of-way acquisition. |
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(c) This section does not waive a county's sovereign |
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immunity to lawsuits or liability. |
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SECTION 2. Chapter 11, Utilities Code, is amended by adding |
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Section 11.010 to read as follows: |
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Sec. 11.010. COST OF RELOCATING OR ADJUSTING UTILITY |
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FACILITY. (a) Except as provided by Subsection (b), a utility |
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shall relocate or adjust at the utility's expense a utility |
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facility that is located in a public right-of-way if: |
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(1) the utility does not have a compensable property |
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interest in the land occupied by the facility; and |
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(2) a governmental entity requests that the utility |
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facility be relocated or adjusted to allow: |
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(A) the widening or other changing of a traffic |
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lane; or |
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(B) the construction, reconstruction, operation, |
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maintenance, repair, or replacement of a road, drainage facility, |
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or other public project. |
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(b) If the relocation or adjustment of the utility facility |
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is required by improvement of a highway in this state that is |
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established by appropriate authority as part of the National System |
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of Interstate and Defense Highways and the relocation or adjustment |
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is eligible for federal participation, a utility shall relocate or |
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adjust its facility at the expense of the state. |
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SECTION 3. Section 181.024(a), Utilities Code, is amended |
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to read as follows: |
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(a) A gas utility proposing under this subchapter to locate |
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a gas facility in the right-of-way of a state highway or a county |
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road [not in a municipality] shall give notice of the proposal to: |
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(1) the Texas Transportation Commission if the |
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proposal relates to a state highway; or |
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(2) the commissioners court of the county if the |
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proposal relates to a county road. |
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SECTION 4. Sections 181.025(a) and (b), Utilities Code, are |
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amended to read as follows: |
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(a) The authority of the Texas Transportation Commission |
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under this section is limited to a gas facility on a state highway |
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not in a municipality. The authority of the commissioners court |
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under this section is limited to a gas facility on a county road not |
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in a municipality unless the road: |
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(1) was constructed by the county; |
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(2) is improved or maintained by the county; or |
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(3) is listed on the county road log. |
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(b) The Texas Transportation Commission or the |
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commissioners court of a county may require a gas utility to |
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relocate the utility's gas facility, at the utility's own expense, |
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to allow the: |
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(1) widening or other changing of a traffic lane; or |
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(2) construction, reconstruction, operation, |
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maintenance, repair, or replacement of a road, drainage facility, |
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or other public project. |
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SECTION 5. Section 181.044(a), Utilities Code, is amended |
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to read as follows: |
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(a) An electric utility proposing under this subchapter to |
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construct a line along the right-of-way of a state highway or a |
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county road [not in a municipality] shall give notice of the |
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proposal to: |
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(1) the Texas Transportation Commission if the |
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proposal relates to a state highway; or |
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(2) the commissioners court of the county if the |
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proposal relates to a county road. |
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SECTION 6. Sections 181.046(a) and (b), Utilities Code, are |
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amended to read as follows: |
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(a) The authority of the Texas Transportation Commission |
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under this section is limited to a line on a state highway not in a |
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municipality. The authority of the commissioners court under this |
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section is limited to a line on a county road not in a municipality |
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unless the road: |
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(1) was constructed by the county; |
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(2) is improved or maintained by the county; or |
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(3) is listed on the county road log. |
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(b) The Texas Transportation Commission or the |
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commissioners court of a county may require an electric utility to |
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relocate a line of the utility, at the utility's own expense, to |
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allow the: |
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(1) widening of a right-of-way; |
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(2) changing of a traffic lane; |
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(3) improving of a road bed; [or] |
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(4) improving of a drainage ditch located on a |
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right-of-way; or |
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(5) construction, reconstruction, operation, |
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maintenance, repair, or replacement of a road, drainage facility, |
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or any other public project. |
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SECTION 7. Section 181.082, Utilities Code, is amended to |
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read as follows: |
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Sec. 181.082. AUTHORITY TO INSTALL FACILITY IN RELATION TO |
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PUBLIC PROPERTY. (a) A telephone or telegraph corporation may |
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install a facility of the corporation along, on, or across a public |
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road, a public street, or public water in a manner that does not |
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inconvenience the public in the use of the road, street, or water. |
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(b) The authority of the Texas Transportation Commission |
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under this section is limited to a line on a state highway not in a |
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municipality. The authority of the commissioners court under this |
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section is limited to a line on a county road not in a municipality |
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unless the road: |
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(1) was constructed by the county; |
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(2) is improved or maintained by the county; or |
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(3) is listed on the county road log. |
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(c) The Texas Transportation Commission or the |
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commissioners court of a county may require an electric utility to |
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relocate a line of the utility at the utility's expense to allow |
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the: |
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(1) widening of a right-of-way; |
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(2) changing of a traffic lane; |
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(3) improving of a road bed; |
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(4) improving of a drainage ditch located on a |
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right-of-way; or |
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(5) construction, reconstruction, operation, |
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maintenance, repair, or replacement of a road, drainage facility, |
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or other public project. |
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SECTION 8. Section 181.104(b), Utilities Code, is amended |
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to read as follows: |
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(b) The Texas Department of Transportation or the |
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commissioners court of a county may require a person who has |
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installed equipment in the right-of-way of a state highway or |
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county road to relocate the person's equipment at the person's sole |
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expense to allow the: |
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(1) widening or other changing of a traffic lane; or |
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(2) construction, reconstruction, operation, |
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maintenance, repair, or replacement of a road, drainage facility, |
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or other public project. |
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SECTION 9. (a) The changes in law made by this Act apply to |
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the payment of an expense incurred in relocating or adjusting any |
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equipment or utility facility only if the expense is incurred on or |
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after the effective date of this Act. |
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(b) The payment of an expense incurred before the effective |
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date of this Act is governed by the law in effect on the date the |
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expense was incurred, and that law is continued in effect for that |
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purpose. |
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SECTION 10. This Act takes effect September 1, 2007. |