By: Harper-Brown, et al. H.B. No. 2585
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the reimbursement of utilities for relocation of
  utility facilities following improvement or construction of
  certain tolled highways.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Section 203.092, Transportation Code, is amended
  by amending Subsections (a-1), (a-2), and (a-3) and adding
  Subsection (a-4) to read as follows:
         (a-1)  Notwithstanding Subsection (a)(3), the department and
  the utility shall share equally the cost of the relocation of a
  utility facility that is made before September 1, 2017 [2013], and
  required by the improvement of a nontolled highway to add one or
  more tolled lanes.  This subsection expires September 1, 2017 
  [2013].
         (a-2)  Notwithstanding Subsection (a)(3), the department and
  the utility shall share equally the cost of the relocation of a
  utility facility that is made before September 1, 2017 [2013], and
  required by the improvement of a nontolled highway that has been
  converted to a turnpike project or toll project.  This subsection
  expires September 1, 2017 [2013].
         (a-3)  Notwithstanding Subsection (a)(3), the department and
  the utility shall share equally the cost of the relocation of a
  utility facility that is made before September 1, 2017 [2013], and
  required by the construction on a new location of a turnpike project
  or toll project or the expansion of such a turnpike project or toll
  project.  This subsection expires September 1, 2017 [2013].
         (a-4)  If a utility under Subsection (a-1), (a-2), or (a-3)
  is privately owned, the utility and the department must enter into
  an agreement requiring the relocation of a utility facility to be
  completed within a reasonable time period. If the utility does not
  complete the relocation of a utility facility by the date specified
  in the agreement, the department is not required to continue to
  share the cost of the relocation of a utility facility under
  Subsection (a-1), (a-2), or (a-3) after the date specified by the
  agreement. This subsection expires September 1, 2017.
         SECTION 2.  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 on the 91st day after the last day of the
  legislative session.