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By: Smith of Harris (Senate Sponsor - Jackson) |
H.B. No. 1420 |
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(In the Senate - Received from the House April 23, 2007; |
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April 26, 2007, read first time and referred to Committee on |
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Transportation and Homeland Security; May 16, 2007, reported |
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favorably by the following vote: Yeas 8, Nays 0; May 16, 2007, |
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sent to printer.) |
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A BILL TO BE ENTITLED
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AN ACT
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relating to the removal of property from county roads by certain |
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counties. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Sections 280.002(c), (d), and (g), |
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Transportation Code, are amended to read as follows: |
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(c) Except as provided by Subsection (g), a county |
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commissioner may order the removal of [remove] personal property by |
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the county from the right-of-way or roadway of a county road if the |
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county commissioner determines the property: |
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(1) blocks the right-of-way or roadway for at least |
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six hours; or |
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(2) endangers public safety. |
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(d) A county commissioner may order the removal of [remove] |
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the personal property by the county without the consent of the owner |
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or carrier of the property. |
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(g) A county commissioner may not order the removal of |
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[remove] personal property of a public utility that is using the |
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right-of-way or roadway of a county road to install, maintain, |
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repair, or otherwise access a facility of the public utility. |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2007. |
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* * * * * |