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A BILL TO BE ENTITLED
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AN ACT
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relating to the relocation of utility facilities required by |
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improvement of a state highway. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subsections (a-1), (a-2), and (a-3), Section |
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203.092, Transportation Code, are amended to read as follows: |
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(a-1) Notwithstanding Subsection (a)(3), the department and |
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the utility shall share equally the cost of the relocation of a |
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utility facility that is made before September 1, 2013 [2007], and |
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required by the improvement of a nontolled highway to add one or |
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more tolled lanes. This subsection expires September 1, 2013 |
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[2007]. |
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(a-2) Notwithstanding Subsection (a)(3), the department and |
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the utility shall share equally the cost of the relocation of a |
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utility facility that is made before September 1, 2013 [2007], and |
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required by [for] the improvement of a nontolled highway that has |
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been converted to a turnpike project or toll project. This |
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subsection expires September 1, 2013 [2007]. |
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(a-3) Notwithstanding Subsection (a)(3), the department and |
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the utility shall share equally the cost of the relocation of a |
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utility facility that is made before September 1, 2013 [2007], and |
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required by [for] the construction on a new location of a turnpike |
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project or toll project or the expansion of such a turnpike project |
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or toll project. This subsection expires September 1, 2013 [2007]. |
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SECTION 2. Subchapter E, Chapter 203, Transportation Code, |
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is amended by adding Section 203.0922 to read as follows: |
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Sec. 203.0922. PREPAYMENT FUNDING AGREEMENT FOR RELOCATION |
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OF UTILITY FACILITIES. (a) The commission shall by rule authorize |
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the department, upon a utility's request, to enter into a |
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prepayment funding agreement with the utility that provides for the |
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department to reimburse the utility for the direct and related |
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indirect costs of the relocation of its utility facilities that is |
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required by the improvement of any segment of the state highway |
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system for which the utility is not eligible for reimbursement |
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under Section 203.092. In addition to other terms and conditions |
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agreed upon by the department and the utility, the agreement must: |
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(1) require the utility to prepay to the department an |
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annual amount for each year of a three-year period of the agreement |
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in accordance with Subsection (b) or (c); |
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(2) be for a term that is a multiple of three years and |
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is at least six years; |
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(3) set forth a methodology for the utility to submit, |
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document, and substantiate reimbursable costs under the agreement; |
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and |
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(4) set forth a methodology for the department to |
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reimburse the utility its reimbursable costs under the agreement. |
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(b) The annual prepayment amount for each year of the |
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initial three-year period of a prepayment funding agreement is |
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equal to 75 percent of the annual average of the direct and related |
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indirect costs incurred for relocation of the utility's facilities |
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on applicable segments of the state highway system during the |
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preceding three years for which the utility is not otherwise |
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eligible for reimbursement under Section 203.092. |
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(c) The annual prepayment amount for each year of the second |
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or subsequent three-year period of a prepayment funding agreement |
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is equal to 75 percent of the annual average of the direct and |
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related indirect costs paid by the department or reimbursed to the |
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utility under the agreement for relocation of the utility's |
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facilities on applicable segments of the state highway system |
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during the preceding three years for which the utility is not |
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otherwise eligible for reimbursement under Section 203.092. |
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(d) The department may not establish a prepayment amount |
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that discriminates unreasonably among utilities. |
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(e) If a change in law causes all or a part of the cost of the |
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relocation of a utility's facilities that was eligible for |
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reimbursement under Section 203.092(a)(1) at the time a prepayment |
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funding agreement was entered into under this section to cease to be |
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eligible for reimbursement, that amount, beginning on the effective |
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date of the applicable change in law, is considered to be a cost |
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that is not otherwise eligible for reimbursement under Section |
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203.092 for all purposes of the prepayment funding agreement. |
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(f) Notwithstanding any law to the contrary, an obligation |
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of the commission or the department to make payments to a utility |
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under a prepayment funding agreement entered into under this |
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section may be enforced by mandamus against the commission, the |
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department, and the comptroller in a district court of Travis |
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County, and the sovereign immunity of the state is waived for that |
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purpose. The district courts of Travis County have exclusive |
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jurisdiction over and exclusive venue for any action brought under |
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this subsection. The remedy provided by this subsection is in |
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addition to any legal and equitable remedies that may be available |
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to a party to a prepayment funding agreement. |
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(g) Neither this section nor a contractual right obtained |
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under an agreement between the department and a utility renders the |
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department or utility subject to any new or additional licensing, |
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certification, or regulatory jurisdiction of the Public Utility |
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Commission of Texas, the Texas Department of Insurance, or the |
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Railroad Commission of Texas. |
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(h) All payments received by the department under this |
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section shall be deposited in the state treasury to the credit of |
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the state highway fund and are exempt from the application of |
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Subchapter D, Chapter 316, Government Code, and Section 403.095, |
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Government Code. |
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(h-1) The commission shall appoint a rules advisory |
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committee to advise the department and the commission on |
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development of the commission's initial rules required by this |
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section. The committee shall consist of members representing |
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interested utilities. Chapter 2110, Government Code, does not |
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apply to the committee. This subsection expires on the date the |
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commission adopts initial rules under this section. |
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(i) An agreement entered into by the department and a |
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utility under this section shall remain in full force and effect |
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until its termination or expiration. |
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(j) This section expires September 1, 2013. |
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SECTION 3. 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. |