81R11667 JTS-D
 
  By: Harper-Brown H.B. No. 3673
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the relocation of utilities as a result of the
  construction or maintenance of a toll project that is the subject of
  a comprehensive development agreement.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter C, Chapter 371, Transportation Code,
  as added by Chapter 264 (S.B. 792), Acts of the 80th Legislature,
  Regular Session, 2007, is amended by adding Section 371.105 to read
  as follows:
         Sec. 371.105.  RESPONSIBILITY FOR RELOCATION OF UTILITIES.
  If the construction or maintenance of a toll project that is the
  subject of a comprehensive development agreement requires the
  relocation of utilities, the private entity is responsible for the
  costs of the relocation.
         SECTION 2.  Section 371.105, Transportation Code, as added
  by this Act, applies only to a toll project that is the subject of a
  comprehensive development agreement entered into 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, 2009.