81R802 JJT-D

By: Rodriguez H.B. No. 3787

A BILL TO BE ENTITLED

AN ACT

relating to the relocation of utilities on certain highways and county roads.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 181.025, Utilities Code, is amended to read as follows:

Sec. 181.025. TRANSPORTATION COMMISSION REQUIREMENT: RELOCATION OF GAS FACILITY TO ALLOW CHANGE TO TRAFFIC LANE. (a) The authority of the Texas Transportation Commission under this section is limited to a gas facility on a state highway not in a municipality. [The authority of the commissioners court under this section is limited to a gas facility on a county road not in a municipality.]

(b) The Texas Transportation Commission [or the commissioners court of a county] may require a gas utility to relocate the utility's gas facility, at the utility's own expense, to allow the widening or other changing of a traffic lane.

(c) To impose a requirement under this section, the Texas Transportation Commission [or the commissioners court, as appropriate,] must give to the gas utility 30 days' written notice of the requirement. The notice must identify the gas facility to be relocated and indicate the location on the new right-of-way where the gas utility may place the facility.

(d) The gas utility shall replace the grade and surface of the highway or road at the utility's own expense.

SECTION 2. Subchapter B, Chapter 181, Utilities Code, is amended by adding Section 181.0251 to read as follows:

Sec. 181.0251. COUNTY REQUIREMENT: RELOCATION OF GAS FACILITY TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a county commissioners court under this section is limited to a gas facility on a county road not in a municipality. A commissioners court may act under this section through a designated representative.

(b) The commissioners court of a county may require a gas utility to relocate the utility's gas facility, at the utility's own expense, to allow:

(1) widening a right-of-way;

(2) changing a traffic lane;

(3) improving a roadbed or roadway;

(4) improving a drainage ditch located on a right-of-way; or

(5) other construction of or improvements to a public roadway, or construction or improvements in a public roadway right-of-way, necessary for:

(A) safe and efficient transportation of people, goods, or services; or

(B) compliance with storm water management programs.

(c) To impose a requirement under this section, the commissioners court must give to the gas utility written notice of the requirement. The notice must include depictions of:

(1) existing visible site conditions and gas and other utility facilities; and

(2) proposed site conditions and gas and other utility facilities in the right-of-way the county owns or is in the process of acquiring.

(d) Before the 31st day after the date the commissioners court gives notice to a gas utility under Subsection (c), the gas utility shall evaluate the need for a relocation plan for its gas facilities and:

(1) begin preparation of a relocation plan in cooperation with the county and any other affected owner of other utility facilities, if a relocation plan is necessary; or

(2) notify the county that a relocation plan is not necessary.

(e) A gas utility shall complete its relocation plan, if necessary, not later than the 150th day after the date the commissioners court gives the notice under Subsection (c). On completion of its plan, the gas utility shall coordinate with the county to determine a mutually acceptable schedule for beginning and completing the relocation of gas facilities. The schedule must include specific dates for beginning and completing the relocation project.

(f) The gas utility may revise an agreed date for beginning or completing the relocation of gas facilities if the commissioners court agrees to the revision.

(g) While relocating the gas facilities, the gas utility shall use the Texas State Plane Coordinate System to identify, with sub-meter accuracy, the beginning point, end point, and major angle points of each of the gas utility's relocated gas facilities. The gas utility shall make the coordinate system information available to the county in a computer-aided design and drafting (CADD) format or a format that is readily convertible to that format.

(h) If a gas utility fails to comply with this section, a requirement imposed by a commissioners court under this section, or a relocation plan schedule, the county attorney of that county may bring suit against the gas utility for:

(1) an injunction compelling the utility to comply with this section, the imposed requirement, or the relocation plan schedule;

(2) damages in an amount equal to any costs the county incurs as a result of a delay caused by the gas utility's failure to comply with this section, the imposed requirement, or the relocation plan schedule, including:

(A) the costs incurred by the county in relocating a gas utility facility with county employees or with a contractor; or

(B) the costs incurred by the county in relation to a contractor for the county's roadway project described by Subsection (b), including the county's reimbursement of or payment of costs incurred by the contractor, because of the gas utility's failure to comply; or

(3) both an injunction and damages.

(i) The county the commissioners court of which imposes a requirement under this section is not liable to a gas utility for damages to property of the gas utility that result from a county project described by Subsection (b), including damages:

(1) to any gas utility facility the gas utility determined was not necessary to relocate; or

(2) caused by the county in relocating the gas utility's facility to avoid a delay in a roadway project described by Subsection (b) if the gas utility failed to comply with this section, the imposed requirement, or the relocation plan schedule.

SECTION 3. Section 181.046, Utilities Code, is amended to read as follows:

Sec. 181.046. TRANSPORTATION COMMISSION REQUIREMENT: RELOCATION OF LINE TO ALLOW ROAD OR DITCH IMPROVEMENT. (a) The authority of the Texas Transportation Commission under this section is limited to a line on a state highway not in a municipality. [The authority of the commissioners court under this section is limited to a line on a county road not in a municipality.]

(b) The Texas Transportation Commission [or the commissioners court of a county] may require an electric utility to relocate a line of the utility, at the utility's own expense, to allow the:

(1) widening of a right-of-way;

(2) changing of a traffic lane;

(3) improving of a roadbed [road bed]; or

(4) improving of a drainage ditch located on a right-of-way.

(c) To impose a requirement under this section, the Texas Transportation Commission [or the commissioners court, as appropriate,] must give to the electric utility 30 days' written notice of the requirement. The notice must identify the line to be relocated and indicate the location on the new right-of-way where the electric utility may place the line.

SECTION 4. Subchapter C, Chapter 181, Utilities Code, is amended by adding Section 181.0461 to read as follows:

Sec. 181.0461. COUNTY REQUIREMENT: RELOCATION OF LINE TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a county commissioners court under this section is limited to a line on a county road not in a municipality. A commissioners court may act under this section through a designated representative.

(b) The commissioners court of a county may require an electric utility to relocate a line of the electric utility, at the utility's own expense, to allow:

(1) widening a right-of-way;

(2) changing a traffic lane;

(3) improving a roadbed or roadway;

(4) improving a drainage ditch located on a right-of-way; or

(5) other construction of or improvements to a public roadway, or construction or improvements in a public roadway right-of-way, necessary for:

(A) safe and efficient transportation of people, goods, or services; or

(B) compliance with storm water management programs.

(c) To impose a requirement under this section, the commissioners court must give to the electric utility written notice of the requirement. The notice must include depictions of:

(1) existing visible site conditions and lines and other utility facilities; and

(2) proposed site conditions and lines and other utility facilities in the right-of-way the county owns or is in the process of acquiring.

(d) Before the 31st day after the date the commissioners court gives notice to an electric utility under Subsection (c), the electric utility shall evaluate the need for a relocation plan for its line and:

(1) begin preparation of a relocation plan in cooperation with the county and any other affected owner of other utility facilities, if a relocation plan is necessary; or

(2) notify the county that a relocation plan is not necessary.

(e) An electric utility shall complete its relocation plan, if necessary, not later than the 150th day after the date the commissioners court gives the notice under Subsection (c). On completion of its plan, the electric utility shall coordinate with the county to determine a mutually acceptable schedule for beginning and completing the relocation of the line. The schedule must include specific dates for beginning and completing the relocation project.

(f) The electric utility may revise an agreed date for beginning or completing the relocation of the line if the commissioners court agrees to the revision.

(g) While relocating the electric utility's line, the electric utility shall use the Texas State Plane Coordinate System to identify, with sub-meter accuracy, the beginning point, end point, and major angle points of each of the electric utility's relocated lines. The electric utility shall make the coordinate system information available to the county in a computer-aided design and drafting (CADD) format or a format that is readily convertible to that format.

(h) If an electric utility fails to comply with this section, a requirement imposed by a commissioners court under this section, or a relocation plan schedule, the county attorney of that county may bring suit against the electric utility for:

(1) an injunction compelling the utility to comply with this section, the imposed requirement, or the relocation plan schedule;

(2) damages in an amount equal to any costs the county incurs as a result of a delay caused by the electric utility's failure to comply with this section, the imposed requirement, or the relocation plan schedule, including:

(A) the costs incurred by the county in relocating a line with county employees or with a contractor; or

(B) the costs incurred by the county in relation to a contractor for the county's roadway project described by Subsection (b), including the county's reimbursement of or payment of costs incurred by the contractor, because of the electric utility's failure to comply; or

(3) both an injunction and damages.

(i) The county the commissioners court of which imposes a requirement under this section is not liable to an electric utility for damages to property of the electric utility that result from a county project described by Subsection (b), including damages:

(1) to a line the electric utility determined was not necessary to relocate; or

(2) caused by the county in relocating the electric utility's line to avoid a delay in a roadway project described by Subsection (b) if the utility failed to comply with this section, the imposed requirement, or the relocation plan schedule.

SECTION 5. Subchapter E, Chapter 181, Utilities Code, is amended by adding Section 181.090 to read as follows:

Sec. 181.090. COUNTY REQUIREMENT: RELOCATION OF LINE OR FACILITY TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a county commissioners court under this section is limited to a line or other facility on a county road not in a municipality. A commissioners court may act under this section through a designated representative.

(b) The commissioners court of a county may require a telephone or telegraph corporation to relocate the corporation's line or facility, at the corporation's own expense, to allow:

(1) widening a right-of-way;

(2) changing a traffic lane;

(3) improving a roadbed or roadway;

(4) improving a drainage ditch located on a right-of-way; or

(5) other construction of or improvements to a public roadway, or construction or improvements in a public roadway right-of-way, necessary for:

(A) safe and efficient transportation of people, goods, or services; or

(B) compliance with storm water management programs.

(c) To impose a requirement under this section, the commissioners court must give to the telephone or telegraph corporation written notice of the requirement. The notice must include depictions of:

(1) existing visible site conditions, corporation lines and facilities, and other utility facilities; and

(2) proposed site conditions, corporation lines and facilities, and other utility facilities in the right-of-way the county owns or is in the process of acquiring.

(d) Before the 31st day after the date the commissioners court gives notice to a telephone or telegraph corporation under Subsection (c), the corporation shall evaluate the need for a relocation plan for its lines or facilities and:

(1) begin preparation of a relocation plan in cooperation with the county and any other affected owner of other utility facilities, if a relocation plan is necessary; or

(2) notify the county that a relocation plan is not necessary.

(e) A telephone or telegraph corporation shall complete its relocation plan, if necessary, not later than the 150th day after the date the commissioners court gives the notice under Subsection (c). On completion of its plan, the corporation shall coordinate with the county to determine a mutually acceptable schedule for beginning and completing the relocation of lines or facilities. The schedule must include specific dates for beginning and completing the relocation project.

(f) The telephone or telegraph corporation may revise an agreed date for beginning or completing the relocation of lines or facilities if the commissioners court agrees to the revision.

(g) While relocating the telephone or telegraph corporation's lines or facilities, the corporation shall use the Texas State Plane Coordinate System to identify, with sub-meter accuracy, the beginning point, end point, and major angle points of each of the corporation's relocated lines or facilities. The corporation shall make the coordinate system information available to the county in a computer-aided design and drafting (CADD) format or a format that is readily convertible to that format.

(h) If a telephone or telegraph corporation fails to comply with this section, a requirement imposed by a commissioners court under this section, or a relocation plan schedule, the county attorney of that county may bring suit against the corporation for:

(1) an injunction compelling the corporation to comply with this section, the imposed requirement, or the relocation plan schedule;

(2) damages in an amount equal to any costs the county incurs as a result of a delay caused by the corporation's failure to comply with this section, the imposed requirement, or the relocation plan schedule, including:

(A) the costs incurred by the county in relocating a line or facility of the corporation with county employees or with a contractor; or

(B) the costs incurred by the county in relation to a contractor for the county's roadway project described by Subsection (b), including the county's reimbursement of or payment of costs incurred by the contractor, because of the corporation's failure to comply; or

(3) both an injunction and damages.

(i) The county the commissioners court of which imposes a requirement under this section is not liable to a telephone or telegraph corporation for damages to property of the corporation that result from a county project described by Subsection (b), including damages:

(1) to any line or facility the corporation determined was not necessary to relocate; or

(2) caused by the county in relocating the corporation's line or facility to avoid a delay in a roadway project described by Subsection (b) if the corporation failed to comply with this section, the imposed requirement, or the relocation plan schedule.

SECTION 6. Section 181.104, Utilities Code, is amended to read as follows:

Sec. 181.104. DEPARTMENT OF TRANSPORTATION REQUIREMENT: RELOCATION OF EQUIPMENT TO ALLOW CHANGE TO TRAFFIC LANE. (a) The authority of the Texas Department of Transportation under this section is limited to equipment installed in connection with a state highway. [The authority of the commissioners court under this section is limited to equipment installed in connection with a county road.]

(b) The Texas Department of Transportation [or the commissioners court of a county] may require a person who has installed equipment in the right-of-way of a state highway or county road to relocate the person's equipment to allow the widening or other changing of a traffic lane.

(c) To impose a requirement under this section, the Texas Department of Transportation [or the commissioners court, as appropriate,] must give to the person written notice of the requirement not later than the 45th day before the date the relocation is to be made. The notice must identify the equipment to be relocated and indicate the location in the right-of-way where the person may reinstall the equipment.

(d) The person shall pay the cost of repairing a state highway or county road damaged by the relocation.

SECTION 7. Subchapter F, Chapter 181, Utilities Code, is amended by adding Section 181.1041 to read as follows:

Sec. 181.1041. COUNTY REQUIREMENT: RELOCATION OF EQUIPMENT TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a county commissioners court under this section is limited to equipment installed in connection with a county road. A commissioners court may act under this section through a designated representative.

(b) The commissioners court of a county may require a person to relocate the person's equipment, at the person's own expense, to allow:

(1) widening a right-of-way;

(2) changing a traffic lane;

(3) improving a roadbed or roadway;

(4) improving a drainage ditch located on a right-of-way; or

(5) other construction of or improvements to a public roadway, or construction or improvements in a public roadway right-of-way, necessary for:

(A) safe and efficient transportation of people, goods, or services; or

(B) compliance with storm water management programs.

(c) To impose a requirement under this section, the commissioners court must give to the person written notice of the requirement. The notice must include depictions of:

(1) existing visible site conditions and equipment and other utility facilities; and

(2) proposed site conditions and equipment and other utility facilities in the right-of-way the county owns or is in the process of acquiring.

(d) Before the 31st day after the date the commissioners court gives notice to a person under Subsection (c), the person shall evaluate the need for a relocation plan for the person's equipment and:

(1) begin preparation of a relocation plan in cooperation with the county and any other affected owner of other utility equipment or facilities, if a relocation plan is necessary; or

(2) notify the county that a relocation plan is not necessary.

(e) The person shall complete the person's relocation plan, if necessary, not later than the 150th day after the date the commissioners court gives the notice under Subsection (c). On completion of the plan, the person shall coordinate with the county to determine a mutually acceptable schedule for beginning and completing the relocation of equipment. The schedule must include specific dates for beginning and completing the relocation project.

(f) The person may revise an agreed date for beginning or completing the relocation of equipment if the commissioners court agrees to the revision.

(g) While relocating the person's equipment, the person shall use the Texas State Plane Coordinate System to identify, with sub-meter accuracy, the beginning point, end point, and major angle points of the person's relocated equipment. The person shall make the coordinate system information available to the county in a computer-aided design and drafting (CADD) format or a format that is readily convertible to that format.

(h) If a person fails to comply with this section, a requirement imposed by a commissioners court under this section, or a relocation plan schedule, the county attorney of that county may bring suit against the person for:

(1) an injunction compelling the person to comply with this section, the imposed requirement, or the relocation plan schedule;

(2) damages in an amount equal to any costs the county incurs as a result of a delay caused by the person's failure to comply with this section, the imposed requirement, or the relocation plan schedule, including:

(A) the costs incurred by the county in relocating the person's equipment with county employees or with a contractor; or

(B) the costs incurred by the county in relation to a contractor for the county's roadway project described by Subsection (b), including the county's reimbursement of or payment of costs incurred by the contractor, because of the person's failure to comply; or

(3) both an injunction and damages.

(i) The county the commissioners court of which imposes a requirement under this section is not liable to a person for damages to equipment of the person that result from a county project described by Subsection (b), including damages:

(1) to any equipment the person determined was not necessary to relocate; or

(2) caused by the county in relocating the person's equipment to avoid a delay in a roadway project described by Subsection (b) if the person failed to comply with this section, the imposed requirement, or the relocation plan schedule.

SECTION 8. Chapter 13, Water Code, is amended by adding Subchapter O to read as follows:

SUBCHAPTER O. RELOCATION OF FACILITY FOR CERTAIN IMPROVEMENTS

Sec. 13.521. RELOCATION OF FACILITY TO ALLOW ROADWAY IMPROVEMENTS. (a) The authority of a commissioners court under this section is limited to a facility on a county road not in a municipality.

(b) The commissioners court of a county may require a utility or a water supply or sewer service corporation to relocate the utility's or corporation's facility, at the utility's or corporation's own expense, to allow:

(1) widening a right-of-way;

(2) changing a traffic lane;

(3) improving a roadbed or roadway;

(4) improving a drainage ditch located on a right-of-way; or

(5) other construction of or improvements to a public roadway, or construction or improvements in a public roadway right-of-way, necessary for:

(A) safe and efficient transportation of people, goods, or services; or

(B) compliance with storm water management programs.

(c) To impose a requirement under this section, the commissioners court must give to the utility or the water supply or sewer service corporation written notice of the requirement. The notice must include depictions of:

(1) existing visible site conditions, utility or corporation facilities, and other utility facilities; and

(2) proposed site conditions, utility or corporation facilities, and other utility facilities in the right-of-way the county owns or is in the process of acquiring.

(d) Before the 31st day after the date the commissioners court gives notice to a utility or water supply or sewer service corporation under Subsection (c), the utility or corporation shall evaluate the need for a relocation plan for its facilities and:

(1) begin preparation of a relocation plan in cooperation with the county and any other affected owner of other utility facilities, if a relocation plan is necessary; or

(2) notify the county that a relocation plan is not necessary.

(e) A utility or a water supply or sewer service corporation shall complete its relocation plan, if necessary, not later than the 150th day after the date the commissioners court gives the notice under Subsection (c). On completion of its plan, the utility or corporation shall coordinate with the county to determine a mutually acceptable schedule for beginning and completing the relocation of facilities. The schedule must include specific dates for beginning and completing the relocation project.

(f) The utility or the water supply or sewer service corporation may revise an agreed date for beginning or completing the relocation of facilities if the commissioners court agrees to the revision.

(g) While relocating its facilities, the utility or the water supply or sewer service corporation shall use the Texas State Plane Coordinate System to identify, with sub-meter accuracy, the beginning point, end point, and major angle points of each of the relocated facilities. The utility or corporation shall make the coordinate system information available to the county in a computer-aided design and drafting (CADD) format or a format that is readily convertible to that format.

(h) If a utility or a water supply or sewer service corporation fails to comply with this section, a requirement imposed by a commissioners court under this section, or a relocation plan schedule, the county attorney of that county may bring suit against the utility or corporation for:

(1) an injunction compelling the utility or corporation to comply with this section, the imposed requirement, or the relocation plan schedule;

(2) damages in an amount equal to any costs the county incurs as a result of a delay caused by the utility's or corporation's failure to comply with this section, the imposed requirement, or the relocation plan schedule, including:

(A) the costs incurred by the county in relocating a facility of the utility or corporation with county employees or with a contractor; or

(B) the costs incurred by the county in relation to a contractor for the county's roadway project described by Subsection (b), including the county's reimbursement of or payment of costs incurred by the contractor, because of the utility's or corporation's failure to comply; or

(3) both an injunction and damages.

(i) The county the commissioners court of which imposes a requirement under this section is not liable to a utility or water supply or sewer service corporation for damages to a facility of the utility or corporation that result from a county project described by Subsection (b), including damages:

(1) to any facility the utility or corporation determined was not necessary to relocate; or

(2) caused by the county in relocating the utility's or corporation's facility to avoid a delay in a roadway project described by Subsection (b) if the utility or corporation failed to comply with this section, the imposed requirement, or the relocation plan schedule.

SECTION 9. (a) The changes in law made by this Act apply only to:

(1) a notice to relocate received on or after the effective date of this Act; and

(2) relocation planning and activities undertaken on or after the effective date of this Act.

(b) A notice to relocate received before the effective date of this Act and relocation planning and activities undertaken before the effective date of this Act are governed by the law in effect on the date the notice is received or the planning or activity is undertaken. The former law is continued in effect for that purpose.

SECTION 10. This Act takes effect September 1, 2009.