83R802 JTS-D
 
  By: Harper-Brown H.B. No. 3645
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the relocation of a facility of a municipally owned
  utility required by the improvement of a turnpike or toll project of
  the Texas Department of Transportation.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 203, Transportation Code,
  is amended by adding Section 203.096 to read as follows:
         Sec. 203.096.  RELOCATION OF MUNICIPALLY OWNED FACILITY.
  Notwithstanding Section 203.092 or any other law, a municipally
  owned utility, as defined by Section 11.003, Utilities Code, shall
  make a relocation of a utility facility at the expense of this state
  if the relocation is required by the improvement of a turnpike
  project or toll project.
         SECTION 2.  The change in law made by this Act applies to a
  relocation of a utility facility for which a utility adjustment
  agreement is executed on or after the effective date of this Act. A
  relocation for which a utility adjustment agreement was executed
  before the effective date of this Act is governed by the law in
  effect on the date the agreement was executed, and the former law is
  continued in effect for that purpose.
         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, 2013.