BILL ANALYSIS

 

 

Senate Research Center

C.S.H.B. 463

84R31780 AAF-D

By: Springer (Kolkhorst)

 

Transportation

 

5/22/2015

 

Committee Report (Substituted)

 

 

 

AUTHOR'S / SPONSOR'S STATEMENT OF INTENT

 

Interested parties contend that the current procedure for an individual wishing to clear a state highway right-of-way of overgrown vegetation is cumbersome and time-consuming. The parties note that in order for an individual who does not own the property adjacent to the overgrown right-of-way to contribute to the safety of the community by clearing the right-of-way, the district engineer must give adjacent property owners certain preferences in clearing the right-of-way. C.S.H.B. 463 seeks to address this issue.

 

C.S.H.B. 463 amends current law relating to the ability to mow, bale, shred, or hoe material on a state highway right-of-way.

 

RULEMAKING AUTHORITY

 

This bill does not expressly grant any additional rulemaking authority to a state officer, institution, or agency.

 

SECTION BY SECTION ANALYSIS

 

SECTION 1. Amends Section 202.059(b), Transportation Code, to require the district engineer, in a county with a population of more than 10,000, if the person requiring permission under Subsection (a) (relating to a Texas Department of Transportation district engineer authorizing a person to mow, bale, shred, or hoe material on the right-of-way) is not the owner of the real property adjacent to the right-of-way that is the subject of the request, to first provide the owner of the property the option of mowing, baling, shredding, or hoeing material on the right-of-way before granting permission to another person.

 

SECTION 2. Effective date: upon passage or September 1, 2015.